Understanding Property Law for Landlords
However, it comes with many responsibilities, including property maintenance, preparing lease agreements, tax compliance, etc. Property laws are also worth mentioning and offer information regarding buying and selling of property. Understanding the property laws in your state avoids muliple legal issues that result from non-compliance.
What is property law?
Property law is part of the standard legal system that deals with aspects of real estate ownership. These laws have been around for decades and evolved from France’s feudal system. Property law governs ownership in the real estate industry and encompasses residential and commercial property. It coves specific areas including;
- Property finance
- Mortgage lending
- Social housing.
The main subjects coved under this law are land transfer, ownership, tenancies, licenses, easements, mortgages, etc. Most people hire a property lawyer for guidance if dealing with the mentioned issues. And this eases the process. What will the expert do? A property attorney plays a significant role in property dealings. They will help in the negotiation of land contracts and drafting commercial leases and due diligence.
What are the landlord rights& duties under property law?
As a landlord, you must uphold tenant rights; these include possession, habitable conditions, and non-interference.
1. Pocession& lease termination
You should give tenants the right to possession, and this can only be breached if a third party has a paramount title to the property. You may also be forced to terminate the lease, and you can only do this for a good reason.
Landlord-tenant laws vary between states and give you the legal right to evict the tenant due to;
- Habitual rent-non payment
- Violation of lease terms like owning pets when the lease agreement states otherwise.
- Violation of the lease agreement, ie. Engaging in illegal drugs and disturbing other talents.
What are the legal ways to evict tenants
This goes beyond the” eviction notice” that many landlords slide under a tenant’s door. You have to establish a legal cause; otherwise, the court will unlikely approve the eviction. Again, failure to abide by the eviction procedures, the tenant may file a housing discrimination lawsuit.
2. Covenant for quiet enjoyment
With the tenant’s possessive right during the lease period, you should also offer a conducive environment for the tenant. However, you may be required to forcefully enter the premises during emergencies.
3. Implied warranty of habitability
In case of property defects, you should free shelter to safeguard the health and safety of the tenant. The tenant can also cancel the lease and move out in case of severe defects.
4. Duty for the provision of essential services
In some states, it’s the duty of the landlord to provide water, electricity, gas, hot water, and other essential services. Failure to do this you may be forced to reduce the lease or rent price for the price paid by the tenant for the services.
Final thoughts
There are multiple property laws governing landlords. If you’re new in the real estate industry, learn of the regulations in your state to avoid legal issues. Also, if faced with a property tussle, consult an attorney for guidance. The professional will help you avoid mistakes that other property owners make.
