An Overview of Lease Rental Property Laws

Lease or rental property work in the same way. Property is owned by a landlord and the landlord allows a tenant to reside in the residence. Regardless of whether the lease is a residential or commercial arrangement, the state sets rules regarding how the landlord and tenant should interact. Without these formalized rules, common law would create a conflict of interest, favoring one party over the other unnecessarily. Your exact property laws depend on the state you live in, but a few items are universal:

  • Lease agreement protects the rights of both parties - You will sign a formal lease agreement with your landlord or tenant. The lease must cover the basic points of the arrangement and be signed by both parties.

  • Tenant has a duty to pay rent - The universal obligation of a tenant is to pay rent. Some states may permit a tenant to withhold rent if there is a breach of contract from the landlord, but this is rare.

  • Landlord assures "quiet enjoyment" - The landlord must respect the right of a tenant to enjoy his or her property. A landlord may not simply enter the residence at any point, and a landlord may not place undue restrictions on the tenant's enjoyment of the property.

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