Responsibilities of Landlord and Tenant Section 33.2.
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Transcript of Responsibilities of Landlord and Tenant Section 33.2.
Responsibilities of Landlord and Tenant Responsibilities of Landlord and Tenant Section 33.2Section 33.2
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
What You’ll Learn
How to explain the duties of landlords How to explain the duties of landlords and tenants (pp. 719-722)and tenants (pp. 719-722)
How to describe eviction proceedings How to describe eviction proceedings (p. 722)(p. 722)
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
What You’ll Learn
How to identify tort liability of landlords How to identify tort liability of landlords and tenants to third parties (p. 723)and tenants to third parties (p. 723)
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Why It’s Important
The better you understand the The better you understand the responsibilities of landlords and tenants, the responsibilities of landlords and tenants, the better prepared you will be when you rent or better prepared you will be when you rent or lease property.lease property.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Legal Terms
quiet enjoyment (p. 719)quiet enjoyment (p. 719)waste (p. 720)waste (p. 720)fixtures (p. 720)fixtures (p. 720)trade fixtures (p. 722)trade fixtures (p. 722)eviction (p. 722)eviction (p. 722)constructive eviction (p. 723)constructive eviction (p. 723)
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
The Landlord’s Duties Section OutlineSection Outline
Refrain from DiscriminationMaintain the PremisesDeliver Peaceful Possession
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
The Tenant’s Duties Abiding by the Terms of the LeaseAvoid WasteReturn Fixtures
Section OutlineSection Outline
Eviction Proceedings Tort Liability
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Pre-Learning Question Pre-Learning Question
What are the landlord’s duties?
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
The Landlord’s Duties The Landlord’s Duties
Landlords have specific duties Landlords have specific duties imposed by law, in addition to those imposed by law, in addition to those found in a lease. They include: found in a lease. They include:
Refraining from discriminationRefraining from discriminationMaintaining the premisesMaintaining the premisesDelivering peaceful possession Delivering peaceful possession
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Refrain from Discrimination Refrain from Discrimination
In selecting tenants, landlords are In selecting tenants, landlords are bound by various laws against bound by various laws against discrimination. discrimination.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Refrain from Discrimination Refrain from Discrimination
In nearly all states, it is against the law In nearly all states, it is against the law for a landlord to refuse to rent or lease for a landlord to refuse to rent or lease property to any person because of property to any person because of race, religion, color, national origin, race, religion, color, national origin, sex, age, ancestry, or marital status.sex, age, ancestry, or marital status.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Maintain the Premises Maintain the Premises
Rental property offered for dwelling Rental property offered for dwelling purposes must be fit for human purposes must be fit for human habitation. It must be relatively clean, habitation. It must be relatively clean, properly heated, furnished with properly heated, furnished with utilities, and safe.utilities, and safe.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Deliver Peaceful Possession Deliver Peaceful Possession
Tenants are entitled to the exclusive Tenants are entitled to the exclusive peaceful possession and quiet peaceful possession and quiet enjoyment of the rental premises. enjoyment of the rental premises.
Quiet enjoymentQuiet enjoyment is your right to is your right to undisturbed possession of the undisturbed possession of the property. property.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
33.233.2
Finding and Living Finding and Living in Rental Housingin Rental Housing
• Choose a location and a price that fit Choose a location and a price that fit your needs.your needs.
• Compare costs and features among Compare costs and features among possible rental units.possible rental units.
• Talk to people who live in the Talk to people who live in the apartment complex or the apartment complex or the neighborhood.neighborhood.
Step 1: The Search Step 1: The Search
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
33.233.2
Finding and Living Finding and Living in Rental Housingin Rental Housing
Step 2: Before Signing a LeaseStep 2: Before Signing a Lease
• Be sure that you understand and Be sure that you understand and agree with all aspects of the lease.agree with all aspects of the lease.
• Note the condition of the rental unit in Note the condition of the rental unit in writing. Have the unit’s owner sign it.writing. Have the unit’s owner sign it.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
33.233.2
Finding and Living Finding and Living in Rental Housingin Rental Housing
Step 3: Living in Rental Property Step 3: Living in Rental Property
• Keep the place in good, clean Keep the place in good, clean condition.condition.
• Notify the owner of any necessary Notify the owner of any necessary repairs.repairs.
• Respect the rights of neighbors.Respect the rights of neighbors.• Obtain renter’s insurance to protect Obtain renter’s insurance to protect
personal belongings.personal belongings.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
33.233.2
Finding and Living Finding and Living in Rental Housingin Rental Housing
Step 4: At the End of the Lease Step 4: At the End of the Lease
• Leave the unit in at least as good a Leave the unit in at least as good a condition as it was when you moved condition as it was when you moved in.in.
• Tell your landlord where to send your Tell your landlord where to send your refunded security deposit.refunded security deposit.
• Ask that any deduction from your Ask that any deduction from your deposit be explained in writing.deposit be explained in writing.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Which of the landlord’s duties is being breached?
One Sunday, while Tad was watching a football game with some friends, his landlord simultaneously knocked and unlocked the door to his apartment.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
The landlord stepped into the apartment with a young couple and said, “Just wanted to show these folks an apartment, in case one becomes available soon.”
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Which of the landlord’s duties is being breached?
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
ANSWERANSWER
Delivering peaceful possession.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Roland and Alexa prefer renting their apartments to single women because they feel women make better tenants.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
In order to do so, they only advertise an apartment vacancy in beauty parlors and tell any men who stop by that no apartments are available.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Which of the landlord’s duties is being breached?
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
ANSWERANSWER
Refraining from discrimination.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Pre-Learning Question Pre-Learning Question
What are the tenant’s duties?
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Tenant’s duties include:Tenant’s duties include:
The Tenant’s Duties The Tenant’s Duties
Paying rentPaying rentAbiding by the terms of the leaseAbiding by the terms of the leaseAvoiding wasteAvoiding wasteReturning fixtures Returning fixtures
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Tenants have the duty to Tenants have the duty to
Abiding by the Terms of the Lease Abiding by the Terms of the Lease
Pay rent to the landlord when it is Pay rent to the landlord when it is duedueObserve the valid restrictions Observe the valid restrictions contained in the lease contained in the lease
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Tenants have the duty to avoid Tenants have the duty to avoid damaging or destroying the property, damaging or destroying the property, acts also known as committing waste. acts also known as committing waste.
WasteWaste is defined as substantial is defined as substantial damage to premises that significantly damage to premises that significantly decreases the value of the property.decreases the value of the property.
Avoid Waste Avoid Waste
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
You must return the premises to the You must return the premises to the landlord in as good a condition as landlord in as good a condition as when you moved in, except for when you moved in, except for reasonable wear and tear.reasonable wear and tear.
Avoid Waste Avoid Waste
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
The tenant must turn over to the The tenant must turn over to the landlord all fixtures in the premises at landlord all fixtures in the premises at the expiration of the tenancy. the expiration of the tenancy.
Return Fixtures Return Fixtures
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
FixturesFixtures are items of personal are items of personal property attached to real property, property attached to real property, such as built-in stoves and such as built-in stoves and dishwashers, kitchen cabinets, and dishwashers, kitchen cabinets, and ceiling light fixtures.ceiling light fixtures.
Return Fixtures Return Fixtures
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Trade fixturesTrade fixtures are items of personal are items of personal property brought to the premises by property brought to the premises by the tenant that are necessary to carry the tenant that are necessary to carry on the trade or business to which a on the trade or business to which a rental property will be devoted.rental property will be devoted.
Return Fixtures Return Fixtures
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Contrary to the general rule, trade Contrary to the general rule, trade fixtures remain the personal property fixtures remain the personal property of the tenant and can be removed at of the tenant and can be removed at the end of the term of occupancy.the end of the term of occupancy.
Return Fixtures Return Fixtures
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Pre-Learning Question Pre-Learning Question
What happens when someone is evicted?
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
EvictionEviction occurs when a landlord occurs when a landlord deprives a tenant of the physical deprives a tenant of the physical possession of the premises. possession of the premises.
Eviction Proceedings Eviction Proceedings
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
You can be evicted for You can be evicted for
Eviction Proceedings Eviction Proceedings
Not paying rentNot paying rentRemaining after the expiration of Remaining after the expiration of the leasethe leaseDamaging the premises Damaging the premises (commission of waste)(commission of waste)Violating provisions in the lease Violating provisions in the lease
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
It is illegal in every state for a landlord It is illegal in every state for a landlord to use force to evict a tenant. to use force to evict a tenant.
The landlord must first obtain a court The landlord must first obtain a court order. order.
Eviction Proceedings Eviction Proceedings
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
The court will generally appoint a The court will generally appoint a sheriff or other authorized officer to sheriff or other authorized officer to carry out the eviction order.carry out the eviction order.
Eviction Proceedings Eviction Proceedings
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
A A constructive evictionconstructive eviction occurs when occurs when a landlord breaches a duty under the a landlord breaches a duty under the lease. When constructive eviction lease. When constructive eviction occurs, you may consider the lease occurs, you may consider the lease terminated, leave the premises, and terminated, leave the premises, and stop paying rent.stop paying rent.
Eviction Proceedings Eviction Proceedings
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Pre-Learning Question Pre-Learning Question
Who is liable if someone is injured on rented property?
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
When someone is injured on rented or When someone is injured on rented or leased property, both the landlord and leased property, both the landlord and the tenant may be liable. the tenant may be liable.
Tort Liability Tort Liability
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Whoever is in control of the area Whoever is in control of the area where the injury occurs is generally where the injury occurs is generally liable if the injury is caused by liable if the injury is caused by negligence.negligence.
Tort Liability Tort Liability
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
The landlord can be liable for injury The landlord can be liable for injury caused by a defect in the common caused by a defect in the common areas over which he or she has areas over which he or she has control, such as hallways or stairways.control, such as hallways or stairways.
Tort Liability Tort Liability
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Likewise, the tenant can be liable for Likewise, the tenant can be liable for injury caused by defects in the portion injury caused by defects in the portion of the premises over which he or she of the premises over which he or she has control.has control.
Tort Liability Tort Liability
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Reviewing What You Learned
1. What are the duties of the landlord? What are the duties of the tenant?
Section 33.2 Assessment
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Reviewing What You Learned
Landlord duties—(1) refrain from discrimination, (2) maintain the premises, and (3) deliver peaceful possession. Tenant duties—(1) pay rent when it is due, (2) observe the valid restrictions contained in the lease,
Section 33.2 Assessment
Answer
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Reviewing What You Learned
(3) avoid damaging or destroying the property, and (4) turn over to the landlord all fixtures in the premises at the expiration of the tenancy.
Section 33.2 Assessment
Answer
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Reviewing What You Learned
2. Under what circumstances may a landlord evict a tenant? How must eviction be carried out?
Section 33.2 Assessment
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Reviewing What You Learned
A landlord may evict a tenant for nonpayment of rent, remaining after the expiration of the lease, commission of waste, or violation of any lease terms. The court must enforce the eviction.
Section 33.2 Assessment
Answer
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Reviewing What You Learned
3. Who is liable when someone is injured due to a defect in an apartment house stairway? Why?
Section 33.2 Assessment
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Reviewing What You Learned
The landlord is liable. This is a common area over which he or she has control.
Section 33.2 Assessment
Answer
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Section 33.2 Assessment
Critical Thinking ActivityReasonable Wear and Tear What do you think is considered reasonable wear and tear on an apartment you have rented for one year? Five years?
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Section 33.2 Assessment
Critical Thinking Activity AnswerReasonable Wear and Tear Answers may vary, but could include minor carpet stains, small nail holes from hanging pictures, and scuffed walls, floors and cabinets.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Section 33.2 Assessment
Legal Skills in ActionLandlord Liabilities You have rented a second-story apartment at the beach for the summer. The complex has a common picnic area with barbeque grills, a swimming pool, and tennis courts.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Section 33.2 Assessment
Legal Skills in ActionLandlord Liabilities You know you will have visitors all summer long and wonder what might happen if someone gets hurt.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Section 33.2 Assessment
Legal Skills in ActionLandlord Liabilities Make a list of the parts of the premises where the landlord would be liable for injuries to one of your guests.
Understanding Business and Personal Law
Responsibilities of Landlord Responsibilities of Landlord and Tenant and Tenant
Section 33.2Section 33.2
Renting a Place to Live
Section 33.2 Assessment
Legal Skills in Action AnswerLandlord Liabilities Lists will vary, but should include that the landlord can be liable for injury caused by a defect in the common areas such as the pool, tennis courts, and picnic areas.
Responsibilities of Landlord and Tenant Responsibilities of Landlord and Tenant End of Section 33.2End of Section 33.2