Landlord and tenant relationships are as tricky as any relationship we have out there. However, no matter how bad or good it is, there are certain principles, rights, and duties that both parties have to follow. The laws of the United States mandate it.

While there is no such federal handbook with the name Landlord-Tenant Relationship Act, multiple state laws govern the minimal standards that all should abide by.

In this article, we will throw light on the provisions that uphold the landlord-tenant relationship and the rights and duties of both parties. We will also discuss the evolution of the landlord-tenant relationship over time. Let us first touch some bases.

Who Is A Landlord?

A landlord is basically the lord of the land. It is exactly as it sounds. A landlord is a person who has complete and legal ownership of the property. They enjoy the rights that come along with the ownership of this property. 

Now since they own it, they can allow others to use it. When they allow for such an arrangement in exchange for a fee, it gives rise to the legal concept of tenancy. The tenancy is what creates the landlord tenant relationship.

Who Is A Tenant?

The person who uses the landlord’s property, and pays the landlord a fee to do that, is a tenant. A tenant does not have ownership of the property. They can be a tenant as long as the landlord allows it. 

However, that could always be a great source of conflict. Losing the right to use the property as soon as the landlord says “you’re out” is unfair. Thus, the laws of the land require a landlord to serve at least a month’s notice before calling an end to the tenancy.

What Is A Tenancy/Rental/Lease Agreement?

The agreement that takes between the landlord, the tenant, or even a sub-tenant is a rental agreement. It states that the landlord is letting the tenant use the property in exchange for a fee. A tenancy lawyer will draw up the agreement and ask all parties to sign on it.

The parties will read the terms and conditions stated in the agreement. They will state the parties’ rights, duties, and other terms on eviction. As soon as the agreement becomes a contract (once enforced), it will enjoy the protection of the law.

How Did The Landlord Tenant Relationship Originate?

The landlord and tenant relationship originates in the system of feudalism. Feudalism was a system of land use that was in practice during the tenth and the thirteenth century. Many have shared their negative views on how the system of ownership under feudalism gave rise to labor abuse.

The Feudal Lord And The Vassal

Feudalism is the system under which the land and its ownership were in control of the current king. They were also in control of the military, financial, and political services of the nation. 

Since they were the absolute power, they could also decide what portions of land they could distribute to whom. This gave rise to Lords with Lands and Titles. The bigger the lord, the bigger the title, the more land they get from the king.

Now, the lords could give the land to farmers for use. The ones whom the landlords chose for this purpose were there called vassals. In exchange, they would have to pay the landlords a certain fee, along with a part of the produce. 

In some cases, the vassals could swear loyalty to the lord and serve in their military forces. So, their right to live or work in this land came in exchange for money, service, and loyalty.

The Landlord And The Tenant

The contemporary landlord and tenant relationship comes from this earlier version that existed between the lord and the vassal. In this day and age, the landlord is more like a manager of the property. The tenant is the vassal but pays a fee instead of swearing fealty.

What Laws Govern The Landlord Tenant Relationship In the USA?

The legal provisions that govern the landlord-tenant relationship in the United States are dependent on which state you reside in. However, laws have the purpose of protecting the duties of the citizens of the US. Therefore, there is a pattern in the laws concerning the landlord tenant relationship. These are the points on which there is a similarity throughout the different states.

All Landlord Tenant Relationships Consist Of A Lease Agreement

As we already discussed in the previous section, lease agreements bring the tenancy relationship into force. They have legal backing and are enforceable in court. A landlord tenant relationship is established through the contract (agreement backed by law).

The Lease Agreement

The agreement contains terms, conditions, rent amount, date of start of the tenancy, date of end of tenancy, grounds for eviction, and all relevant provisions. The agreement/contract fosters landlord tenant relationships by clearly stating the rules regarding the use of the property.

Control On Rent

Laws relating to rent also regulate the maximum chargeable rent that a landlord can claim from a tenant. This prevents the landlords from charging unfair or extremely high rents. These rent control laws also control how much a landlord can charge or increase the rent for that matter. A landlord can increase rent and under what circumstances.

Security Deposits

Through these laws, the state regulates the activities that a landlord can carry out to collect, handle, or return security deposits. Typically, landlords will also have to provide a list of things that they are deducting the security deposits from.

Final Word

Laws protecting landlord tenant relationships also establish the protection of tenants’ privacy rights. A landlord cannot enter a rental unit without notice, however, or whenever they want. If they do conduct inspections or repairs, they have to provide notice or ask the tenant. 

All landlords have to fix or repair the rental property to make sure that the tenant can live in it safely. It is also their responsibility to provide essential utilities like water and electricity in the tenancy.

The tenant, on the other hand, has to ensure that they abide by the rules mentioned in the agreement. Payment of rent on time and making sure not to damage rental property are all responsibilities of a tenant.

 That’s all, folks! Hope you found the article interesting!

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