BUS 206 Landlord Tenant Law - Lecture notes 3
Industrial and residential rentals are subject to landlord-tenant legislation. Common law and state
legislation make up the majority of it. Many states' statutory laws are based on the Model
Residential Landlord-Tenant Code or the Uniform Residential Landlord and Tenant Act
(URLTA). Additionally, federal statutory legislation may be important in combating
discrimination particularly during times of regional or national catastrophes.
Both contract law and property law form the foundation of the relationship between a landlord
and renter in a legal sense. Before the property interest returns to the landlord after a
predetermined amount of time, the tenant has a property interest in the land (historically, a
non-freehold estate). See Statues on State Property. Although these four relationship types are
typically valid, they are also governed by state laws and the specific lease that the landlord and
renter have agreed to.
The landlord-tenant relationship is based on obligations outlined in the specific lease, in statute
law, or in common law. The implicit covenant of quiet enjoyment is a fundamental component of
all leases. This agreement guarantees the renter that no one, even the landlord, who has a higher
legal claim to the property would interfere with his occupancy.
In order to assess whether the landlord has denied a sublease based on commercially reasonable
or commercially unreasonable grounds, courts will employ a balancing test that compares
commercially reasonable and unreasonable criteria. The landlord will be required to permit the
sublease by the court if the rejection was commercially unreasonable.
A landlord may prevent a tenant from using the property by evicting them, typically as a result of
the tenant significantly breaking the terms of the lease and/or failing to pay the agreed-upon rent.
However, if a renter reports housing breaches or other issues with the state of the home, the
landlord cannot remove the tenant in retribution. The theory of punitive displacement is the usual
name for this.
