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Understanding the Landlord Tenant Act

Most people who rent are familiar with the Landlord Tenant Act, but are not exactly sure of how they are protected under it. More than likely, your landlord knows all about it, although you can never assume. In order to ensure that you are following the rules, and that you are being treated fairly, you need to make sure that you know all of the details that it entails.

The Landlord Tenant Act is in place to govern the rental of both commercial and residential properties. The act is based on state statutory and common law, which is important to remember, since it will differ from state to state. So, in order to make sure you are well versed, you will need to research the individual laws of your state. Each states laws will outline the relationship between the landlord and the tenant, which is governed by both contract and property law.

The landlord-tenant relationship is enforced based on several factors, including statutory law, common law, and the lease itself. This may seem a bit unfair if the lease itself is a determining factor, since after all, anybody can write up a lease. The tenant is protected in this case because the contents of the lease are governed by statutory law.

The Landlord Tenant Act also touches on housing codes that are in place to ensure a property meets the standards that have been set forth by each states laws. Depending on the state, the tenant may be able to break a lease if any housing codes have been broken.
Finally, unless the lease states differently, the tenant is required to pay rent to the landlord. The cost of the lease per month will be outlined in the rental agreement, and agreed upon by both parties.

This act also covers such things as:
1. how much notice your landlord needs to give you before stopping by for an inspection.
2. stipulations regarding the termination of the lease prematurely.
3. Sub-leasing
There are rules and regulations that your landlord MUST follow. If you feel as though your landlord is in violation, its important to report the incidents to your local authorities.

If you are interested in researching your states specific laws, the best place to start is online. In addition, you can contact your local government to request a copy of them.

If it was not for the Landlord Tenant Act, there would be, no doubt, a lot of problems involving the rental of residential and commercial properties. The act does a superb job of keeping both parties safe throughout the process.

Tabitha Naylor
Tabitha Naylor is an experienced mortgage broker/consultant with Apex Financial Mortgage. For more information, or additional resources on home loans, visit Apex Financial Mortgage
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