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What are the main legal rights and obligations outlined for landlords and tenants of...
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Middle School Teacher
One main legal responsibility of a landlord, based on the US Tenant Act, is referred to as the duty to deliver possession. The landlord has the responsibility to deliver to the tenant possession of the property under lease at the beginning of the lease. If a tenant leases an apartment, the landlord has the responsibility of making sure the apartment is inhabitable and cleared of all previous renters, even taking legal action if needed.
A second legal obligation of landlords is the implied covenant of quiet enjoyment. It means that once property has been handed over through a lease, the landlord cannot interfere with the tenant's right to possess the property by, for example, forcing entry into the property. A landlord can only force entry in the event of an emergency if the emergency falls under the doctrine of imminent peril. The doctrine of imminent peril legally permits one to act upon instinct to save a life from hazard, but a small emergency task that a tenant could have done himself/herself would not count as falling under the doctrine of imminent peril.
The third legal responsibility of a landlord falls under the implied warranty of habitability and states that a landlord is legally obligated to provide a safe and healthy residence.
One right a tenant has is to defend himself/herself against actions for unpaid rent if the tenant can prove he/she can no longer remain on the premises under the lease, even though he/she was not evicted by the landlord.
A tenant also has the right to withhold paying the rent should the landlord fail to make repairs or keep the premises safe.
Finally, a tenant also has the right to report any landlord's violations of health and safety codes without the fear of eviction.
Posted by tamarakh on January 31, 2014 at 6:19 AM (Answer #1)
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