Landlord-Tenant Law | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute
The basis of the legal relationship between a landlord and tenant is grounded in both contract and property law. The tenant has a property interest in the land. Below you will find definitions for a number of common words and phrases that can arise in the context of the landlord-tenant relationship. Those terms. Definition of Landlord and Tenant in the Legal Dictionary - by Free online English The landlord and tenant relationship has its roots in Feudalism, a system of.
When the employment ends the ex-employee is usually told to move out. If the employee refuses to move the landlord can not just come and put the employee out. The tenant who remains after being told to vacate is a tenant at sufferance. During the term of their employment, the employee has the legal right to live on the property under the term of their employment contract. Upon termination of employment, the employees right to possession under the employment contract ended and he becomes a tenant at sufferance.
If the ex-empolyer wants to remove the former employee he would need to file a dispossessory affidavit with the court where the land is located. I Have a Lease for Five Years. A lease for over five years is treated differently than leases for shorter terms. Leases for over a five year term convey an interest in the property that can be bought or sold.
What Is a Tenant at Sufferance?
A tenancy at sufferance exists when a person enters the property lawfully but remains on the property without the landlord's consent. If the landlord accepts rent from the tenant at sufferance, without a written lease, the landlord has converted a tenancy at sufferance into a tenancy at will.
A tenancy at will exists when there is no specified end of the tenancy term. An oral agreement will be treated as creating a tenancy at will. A tenant at will is entitled to 60 days notice to vacate and must give 30 days notice to vacate.
What is a Tenant at Will? A tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a "tenant-at-will. A tenant-at-will has the right to occupy and use the rented premises subject to any restrictions upon which the landlord and the tenant have agreed. Because there is not a written lease, Georgia law regulates the type of notice which a tenant-at-will and the landlord of the tenant-at-will must give to terminate or change the original rental agreement.
Landlord and Tenant relationships - Commercial Property
A tenant must give thirty 30 days notice to the landlord to terminate or change the original agreement. A landlord who has a tenant-at-will must give sixty 60 days notice to the tenant before seeking to terminate the agreement or change any term of the original agreement. This means the landlord must give a tenant-at-will sixty 60 days notice before imposing a rent increase. To protect your legal rights any and all notices should be in writing.
When a tenant-at-will fails to pay rent the landlord is not required to give the sixty days notice before terminating the tenancy. If the tenant-at-will fails to pay rent, the landlord can demand possession and immediately file a dispossessory warrant seeking possession in court.
Can I Get out of the Lease? Generally, if you signed a lease with your roommate, the apartment complex can hold each of you liable for the rent.
The apartment complex will expect to receive the full monthly rent and, since you are living in the unit, will hold you responsible for payment. If both you and your roommate signed the lease, the apartment complex can seek full payment from either of you.
However, the apartment complex can only collect the full amount from one of you. You may wish to contact the apartment manager and agree to pay a portion of the charges to be released from liability for the entire amount.
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Are landlords required to provide smoke detectors? Yes, under Georgia law O. The smoke detector is to be located on the ceiling or wall at a point centrally located in the corridor or other area giving access to each group of rooms used for sleeping. Where the dwelling has more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics. The detectors must be listed and meet the installation requirements of NFPA The law is to be enforced by local building and fire code officials.
Tenants are required to keep the smoke detector in good working order Are landlords required to provide appliances such as refrigerators or stoves for use in their rental property? There is no state law requiring a landlord to furnish appliances such as refrigerators or stoves.
You should check your lease to see if such appliances are to be supplied under the terms of your agreement. It is important to inspect the unit prior to signing a lease to see what appliances are included and to see if they work properly. Local city or county housing codes may require the landlord to supply appliances. A tenant wants to review the file the landlord maintains on the unit.
Must the landlord allow a tenant to review their rental file? No, those files are the property of the landlord or management company. The tenant has no legal right to demand access to these files. However, if the file is used by the landlord against a tenant in court, the tenant can access the information in the files through court procedures.
What information can a landlord request on an application? Can landlords charge an application fee? Yes, a landlord can charge an application fee.
This fee is usually not refundable if the application is denied. Georgia law does not limit the information a landlord can request from applicants. The following information is commonly requested on rental pplications: Is there a limit on the number of persons who can reside in a one bedroom apartment? Georgia law does not regulate the number of persons who can reside in a housing unit.
However, county or city ordinances may impose such limits. What responsibility does a landlord have to provide parking for residents of his rental property?
Georgia law does not regulate the number of parking spaces that a landlord must provide but city or county ordinances may. Unless the lease states that parking will be provided, the landlord is not responsible for ensuring that the tenant has a parking place. Privity Whenever parties intend a transfer of interest, they should always consider privity of estate and privity of contract: Privity of estate - This refers to the parties actually responsible for the estate.
In a sublease, the landlord, tenant, and sublessee are all under privity of estate. In an assignment, only the landlord and sublessee are under privity of estate.
Privity of contract - This refers to the parties under contract for the estate. In either a sublease or an assignment, this includes the landlord, the tenant, and the sublessee. Limitations on Transferring 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: Sole discretion clause - The landlord may refuse a sub-lease for any reason or no reason, just not for a bad reason. Reasonableness clause - The landlord may refuse a sub-lease on a commercially reasonable basis elaborated on below.
No standard in lease - The lease may requires the landlord's consent, but the lease may not express a standard to guide the consent. If the refusal was commercially unreasonable, the court will order the landlord to allow the sub-lease. Reasonable factors non-exhaustive list: Typically, a landlord has 1 of 2 methods he can use to evict a tenant: In the limited number of jurisdictions that still allow self-help evictions, a court would determine what a "reasonable" amount of force would be.
The landlord can sue to evict the tenant. If the court rules to evict, then the landlord must allow a law enforcement officer to enforce the judgment.Landlord-Tenant Relationship
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. Further, if the tenant leaves after a reasonable time frame, a court may find that the tenant has engaged in abandonment discussed below.
Some jurisdictions allow for a partial constructive eviction. As a result, a court will grant a constructive eviction for that part of the leasehold.
Partial constructive eviction will typically require the same elements that a normal constructive eviction would require. The tenant vacates the leased property without justification The tenant has no intent to return to the property The tenant defaults on rent payment To recover for abandonment, the landlord can take 1 of 3 actions: Most states have an implied warranty of habitability.
If the lease contains a clause waiving the implied warranty of habitability, a court will typically refuse to enforce the clause.