What is landlord tenant law

This law goes into effect on September 1, HB Relating to the liability of a landlord for damages resulting from the execution of a writ of possession in an eviction suit This bill releases landlords from liability for damage to a tenant related to the execution of a writ of possession.

This is the final step in an eviction suit. This bill was sent to the Governor for his signature on May 26, , and will go into effect on September 1, Fact sheets Fact sheets from the Austin Tenants' Council provide very helpful information on a wide variety of topics including application fees and procedures, credit rights, evictions, filing in small claims court, foreclosures, landlord's entry, lockouts, paying rent, renting myths, repairs, and utilities.

This publication also discusses evictions from manufactured home communities. Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke alarms, utility cutoffs, and many other topics.

A hard copy of this report is available at the State Law Library. Topics include required disclosures, security deposits, late fees, withholding rent and termination and eviction rules.

Renting a Home This page from the American Bar Association provides generalized information on renting a home. Specific sections cover leases, "lease clauses to consider," evictions, security deposits, fair housing, and where to go for more help. This page discusses tenants' rights in general covering the entire tenancy from selecting a place to moving out. Renter's Rights This page from the Texas Attorney General provides information on tenant rights including peace and quiet, health and safety, security, and what to do if you have problems.

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 landlord-tenant relationship is founded on duties proscribed by either statutory law , the 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. Subject to limitations expressly stated in a lease, a tenant is typically able to transfer her property interest to a third party.

This transfer takes the form of two different actions:. Whenever parties intend a transfer of interest, they should always consider privity of estate and privity of contract:.

As expressed, the ability to transfer interest is subject to certain limitations established by the lease between the landlord and the tenant. There are typically 3 such clauses which may be used in a lease:.

Regarding the "commercially reasonable" standard, courts will use a balancing test in which the court will balance commercial reasonable and unreasonable factors to determine whether the landlord has refused a sub-lease based on commercially reasonable or commercially unreasonable factors.

If the refusal was commercially unreasonable, the court will order the landlord to allow the sub-lease. A landlord, however, may not evict a tenant in retaliation for the tenant reporting housing violations or other problems with the condition of the property.

This is typically referred to as the doctrine of retaliatory eviction. Therefore, in order for a landlord to evict a tenant, the landlord typically must sue the tenant in court and allow the court to enforce an eviction order. Wrongful conduct may be satisfied by a wrongful omission when the landlord does 1 of 5 things:. In addition to the landlord's material omission of 1 of these 5 elements, the tenant must also leave the property within a reasonable time frame. Otherwise, the tenant waives the right to a constructive eviction claim.

Further, if the tenant leaves after a reasonable time frame, a court may find that the tenant has engaged in abandonment discussed below. Attorneys specializing in landlord-tenant matters can provide assistance regarding laws in your area, how to return a deposit, additional provisions for the lease agreement, or even help with an early lease termination if necessary.

Sometimes a phone call with the attorney will be sufficient saving you time and money over an office visit. Apartment rental laws in all states allow the landlord to perform a proper tenant background check.

To properly screen the applicant a rental application with a signature release will be required. It is important to recognize that landlord rights apply to the state where your rental properties are located, not where you live. If you have rental properties in more than one state, knowing the applicable statutes in each of the states is crucial. For example, California renters rights may vary greatly from Florida landlord tenant law. We encourage you to please learn more about the landlord tenant statutes in your state.

The American Apartment Owners Association website provides access to landlord tenant laws and resources to help guide you free of charge, no payment required! Although the information is free and we always have it available it does not substitute for the advice of an attorney.

State Laws on Termination for Violation of Lease Learn the time limits required before a landlord may evict a tenant for violating a lease. More About This Topic. More Legal Topics. Related Products More. Every Airbnb Host's Tax Guide. Every Landlord's Guide to Managing Property. View More.