Landlord-Tenant Disputes

Disputes between landlords and tenants can be some of the most difficult to settle from a legal perspective.  In landlord-tenant disputes, each party involved has certain rights which the law protects.  When one person or party infringes on the other’s rights, it is beneficial, and often necessary, to have a third party involved to help settle the issue.

There are also obligations each party must fulfill to retain their rights.  Neither party’s rights are more important or valid than the other, which can make this area of the law seem very murky.

Obligations of Tenants

Most tenants sign a lease or rental agreement when they take possession of a property.  Some lease agreements are more thorough than others, and the law may provide for a tenant to be held responsible for items not included on the lease.  Although lease and rental agreements vary between landlords, some common expectations are for the tenant to:

• Pay rent when it is due
• Pay for other utilities as specified by the lease or rental agreement
• Dispose of garbage and waste properly
• Not cause damage to the property
• Notify the landlord of damage or wear to the property
• Not sub-lease the property without approval from the landlord
• Give appropriate notice if a lease will not be extended
• Pay for or make repairs caused by misuse or excessive use
• Adhere to home owner association rules or township laws
• Make repairs to the property caused by regular wear if outlined in the lease

Obligations of Landlords

Although the landlord owns and controls the property being leased or rented, there are some obligations he or she must fulfill.  Commonly, a landlord may break the terms of a lease by failing to ensure the property is safely inhabitable, for instance, failing to repair a dangerous sidewalk, not addressing a gas leak, or allowing a roof to fall into disrepair.  Even if one of these happens, the law still provides a period of time for the landlord to see to these repairs.

Some additional obligations are for a landlord to:

• Keep the property in good repair
• Remove or fix dangerous property hazards
• Provide contact information so the tenant can contact him or her with problems
• Give appropriate notice if a lease will not be extended
• Provide written notice if the property is sold
• Not to illegally discriminate
• Pay for or make repairs needed due to regular wear

Fair Housing Act

The Fair Housing Act is a part of the Civil Rights Act of 1968 which prohibits landlords from refusing to lease, sell, or rent property based on race, color, national origin, religion, sex, family status or handicap.  This includes if a landlord changes the terms or conditions of sale or rental, provides different services or facilities, falsely denies that the property is available for inspection, sale or rental, and other discrepancies.