Section 33.

2
Responsibilities of Landlord and Tenant

Section 33.2 Responsibilities of Landlord

and Tenant

What Youll Learn

How to explain the duties of landlords
and tenants (pp. 719-722)
How to describe eviction proceedings
(p. 722)

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

What Youll Learn

How to identify tort liability of landlords
and tenants to third parties (p. 723)

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Why Its Important

The better you understand the
responsibilities of landlords and tenants, the
better prepared you will be when you rent or
lease property.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Legal Terms
quiet enjoyment (p. 719)
waste (p. 720)
fixtures (p. 720)
trade fixtures (p. 722)
eviction (p. 722)
constructive eviction (p. 723)
Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section Outline
The Landlords Duties
Refrain from Discrimination
Maintain the Premises
Deliver Peaceful Possession

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section Outline
The Tenants Duties
Abiding by the Terms of the Lease
Avoid Waste
Return Fixtures

Eviction Proceedings
Tort Liability
Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Pre-Learning Question
What are the landlords duties?

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

The Landlords Duties

Landlords have specific duties
imposed by law, in addition to those
found in a lease. They include
refraining from discrimination
maintaining the premises
delivering peaceful possession
Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Refrain from Discrimination

In selecting tenants, landlords are
bound by various laws against
discrimination.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Refrain from Discrimination

In nearly all states, it is against the law
for a landlord to refuse to rent or lease
property to any person because of
race, religion, color, national origin,
sex, age, ancestry, or marital status.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Maintain the Premises

Rental property offered for dwelling
purposes must be fit for human
habitation. It must be relatively clean,
properly heated, furnished with
utilities, and safe.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Deliver Peaceful Possession

Tenants are entitled to the exclusive
peaceful possession and quiet
enjoyment of the rental premises.
Quiet enjoyment is your right to
undisturbed possession of the
property.
Understanding Business and Personal Law

Renting a Place to Live

33.2 33.2
Section
Responsibilities of Landlord
and Tenant

Finding and Living

in Rental Housing
Step 1: The Search
Choose a location and a price that fit
your needs.
Compare costs and features among
possible rental units.
Talk to people who live in the
apartment complex or the
neighborhood.
Understanding Business and Personal Law

Renting a Place to Live

33.2 33.2
Section
Responsibilities of Landlord
and Tenant

Finding and Living

in Rental Housing
Step 2: Before Signing a Lease
Be sure that you understand and
agree with all aspects of the lease.
Note the condition of the rental unit in
writing. Have the units owner sign it.

Understanding Business and Personal Law

Renting a Place to Live

33.2 33.2
Section
Responsibilities of Landlord
and Tenant

Finding and Living

in Rental Housing
Step 3: Living in Rental Property
Keep the place in good, clean
condition.
Notify the owner of any necessary
repairs.
Respect the rights of neighbors.
Obtain renters insurance to protect
personal belongings.
Understanding Business and Personal Law

Renting a Place to Live

33.2 33.2
Section
Responsibilities of Landlord
and Tenant

Finding and Living

in Rental Housing
Step 4: At the End of the Lease
Leave the unit in at least as good a
condition as it was when you moved
in.
Tell your landlord where to send your
refunded security deposit.
Ask that any deduction from your
deposit be explained in writing.
Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Which of the landlords 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

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

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

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Which of the landlords duties is being

breached?

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

ANSWER
Delivering peaceful possession.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Roland and Alexa prefer renting their

apartments to single women because
they feel women make better tenants.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

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

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Which of the landlords duties is being

breached?

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

ANSWER
Refraining from discrimination.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Pre-Learning Question
What are the tenants duties?

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

The Tenants Duties

Tenants duties include:
paying rent
abiding by the terms of the lease
avoiding waste
returning fixtures

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Abiding by the Terms of the Lease

Tenants have the duty to
pay rent to the landlord when it is
due
observe the valid restrictions
contained in the lease

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Avoid Waste
Tenants have the duty to avoid
damaging or destroying the property,
acts also known as committing waste.
Waste is defined as substantial
damage to premises that significantly
decreases the value of the property.
Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Avoid Waste
You must return the premises to the
landlord in as good a condition as
when you moved in, except for
reasonable wear and tear.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Return Fixtures
The tenant must turn over to the
landlord all fixtures in the premises at
the expiration of the tenancy.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Return Fixtures
Fixtures are items of personal
property attached to real property,
such as built-in stoves and
dishwashers, kitchen cabinets, and
ceiling light fixtures.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Return Fixtures
Trade fixtures are items of personal
property brought to the premises by
the tenant that are necessary to carry
on the trade or business to which a
rental property will be devoted.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Return Fixtures
Contrary to the general rule, trade
fixtures remain the personal property
of the tenant and can be removed at
the end of the term of occupancy.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Pre-Learning Question
What happens when someone is
evicted?

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Eviction Proceedings
Eviction occurs when a landlord
deprives a tenant of the physical
possession of the premises.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Eviction Proceedings
You can be evicted for
not paying rent
remaining after the expiration of the
lease
damaging the premises
(commission of waste)
violating provisions in the lease
Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Eviction Proceedings
It is illegal in every state for a landlord
to use force to evict a tenant.
The landlord must first obtain a court
order.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Eviction Proceedings
The court will generally appoint a
sheriff or other authorized officer to
carry out the eviction order.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Eviction Proceedings
A constructive eviction occurs when
a landlord breaches a duty under the
lease. When constructive eviction
occurs, you may consider the lease
terminated, leave the premises, and
stop paying rent.
Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Pre-Learning Question
Who is liable if someone is injured on
rented property?

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Tort Liability
When someone is injured on rented or
leased property, both the landlord and
the tenant may be liable.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Tort Liability
Whoever is in control of the area
where the injury occurs is generally
liable if the injury is caused by
negligence.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Tort Liability
The landlord can be liable for injury
caused by a defect in the common
areas over which he or she has
control, such as hallways or stairways.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Tort Liability
Likewise, the tenant can be liable for
injury caused by defects in the portion
of the premises over which he or she
has control.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Reviewing What You Learned

1. What are the duties of the landlord?
What are the duties of the tenant?

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Reviewing What You Learned

Answer
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,
Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Reviewing What You Learned

Answer
(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.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Reviewing What You Learned

2. Under what circumstances may a
landlord evict a tenant? How must
eviction be carried out?

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Reviewing What You Learned

Answer
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.
Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Reviewing What You Learned

3. Who is liable when someone is
injured due to a defect in an
apartment house stairway? Why?

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Reviewing What You Learned

Answer
The landlord is liable. This is a common
area over which he or she has control.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Critical Thinking Activity

Reasonable 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

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Critical Thinking Activity Answer

Reasonable 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

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Legal Skills in Action

Landlord 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

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Legal Skills in Action

Landlord Liabilities
You know you will have visitors all summer
long and wonder what might happen if
someone gets hurt.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Legal Skills in Action

Landlord 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

Renting a Place to Live

Section 33.2 Responsibilities of Landlord

and Tenant

Section 33.2 Assessment

Legal Skills in Action Answer

Landlord 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.

Understanding Business and Personal Law

Renting a Place to Live

End of Section 33.2

Responsibilities of Landlord and Tenant