How to ensure a happy landlord & tenant relationship
The basis of the legal relationship between a landlord and tenant is grounded in both contract and property law. The tenant has a property interest in the land. Last week I opened the discussion about how landlords can start out right with their tenants by building a trusting relationship. Today I would. Learn how too build the perfect tenant-landlord relationship and keep your tenants for longer.
See State Property Statues. While these four relationship types are generally true, they are subject to state statutes, as well as the actual lease agreed upon by the landlord and the tenant. The length of the tenancy is typically classified in 1 of 4 categories: Term of Years Tenancy The relationship lasts for a fixed period which is agreed upon in advance by both the landlord and tenant.
Periodic Tenancy The relationship is automatically renewed unless the landlord gives advance notice of termination In this relationship, the tenant has the right to possess the land, to restrict others including the landlord from entering the land, and to sublease or assign the property.
Tenancy at Will There is no fixed ending period. The relationship continues for as long as the tenant and landlord desire. Tenancy at Sufferance Quiet Enjoyment The landlord-tenant relationship is founded on duties proscribed by either statutory lawthe common law, or the individual lease.
Basic to all leases is the implied covenant of quiet enjoyment.
This covenant ensure the tenant that his possession will not be disturbed by someone with a superior legal title to the land including the landlord.
This transfer takes the form of two different actions: Assignment - The tenant conveys her entire interest in the property to the third party. The third party effectively becomes the new tenant. Sublease - The tenant conveys her interest to the third party, but the tenant maintains a revisionary interest.
LANDLORD AND TENANT
The tenant becomes the sublessor, and the third party becomes the sublessee. When this happens, the sublessee will no longer have an interest in the property. Whenever someone provides a suggestion, take it into consideration. Instead of dismissing it, be open to other ideas that might actually improve your business and, therefore, help grow your business. However, we are not only talking about the contract here but also all the communications done between the two parties to avoid any kind of conflicts or disagreements.
Landlord-Tenant Law | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute
You never know when it might come handy if a problem or disagreement arises at some point. So, take a little extra time to document.
As for the rental agreement, make sure you have a section that states the landlord rights as well as the tenant rights. It is important to draw the lines for both parties in order to avoid any conflicts.
Hire an experienced real estate attorney to help you with this one. Final thoughts In general, keeping things friendly and professional between the landlord and tenant is the way for a successful real estate business.
Showing your tenants that you appreciate them can make great gains in your rental properties. Try to put yourself in their shoes, how would you like to be treated if you were the tenant?
Once you have an answer, act upon it.
Communication is important by all means. Give them enough time so they can prepare themselves financially. The breach of these covenants can be used as an affirmative defense by the tenant in an action for unpaid rent or eviction.
These covenants include the warrant of habitability keeping the premises habitable and the covenant to repair requiring the landlord to repair damage to the premises.
Circuit case Javins v.
What's the Secret to Maintaining a Good Landlord and Tenant Relationship? | Mashvisor
First National Realty Corp. Retaliatory eviction A landlord cannot evict a tenant in retaliation for reporting health and safety code violations. The defense of retaliatory eviction was first recognized in the D. Circuit case Edwards v.