Landlord and Tenant Law

 

This article is presented to provide you with the basic information that you will need to understand landlord and tenant law. While this article is not intended to provide you with all of the information that you will need in regard to landlord and tenant law, it does provide you with the essential overview that you will need to have a decent appreciation of this area of the law.

 

As the home mortgage market in the United States has collapsed an ever increasing number of people –from all walks of life – have taken to renting their residences. Therefore, landlord and tenant law is now impacting more and more people on a daily basis. Indeed, this is a trend that is expected to carry forth apace into the future.

 

Most states in the U.S.A. have adopted what is known as the Uniform Residential Landlord and Tenant Act. This legislations sets forth the rights and obligations of both landlords and tenants. Perhaps the most important provisions that are included in this legal scheme are those associated with the eviction process.

 

The Uniform Residential Landlord and Tenant Act establishes the specific procedures that a landlord must follow in order to evict a tenant from the premises for one of two reasons: non-payment of rent or other violations of the lease agreement.

 

Pursuant to these legal provisions, a landlord must serve upon a tenant a proper notice advising the tenant that he or she has a specific period of time to pay the rent that is past due or to cure the alleged violation of the lease terms. In most states, the period of time that a tenant will have to pay the past due rent is 72 hours or 3 days. Similarly, the tenant will have the same or similar period of time to remedy any lease violation as well. In the alternative, the tenant needs to vacate or move from the property during this time period. If the tenant fails to make payment within this time period, or fails to remedy the lease violation, the landlord will then be entitled to repossession of the premises, of the property.

 

In many instances in order to get the tenant out of the property, a landlord will have to file an eviction action in the local court. Pursuant to the provisions of the law, the landlord must demonstrate that the tenant has failed to pay rent or that the tenant has violated another term of the lease. The landlord must demonstrate that proper notice to correct the problem was given to the tenant. If the landlord demonstrates these two issues, he or she will be granted an order giving the landlord possession of the property.

 

The tenant will be given a specific period of time (which varies from state to state … and even from court to court) to vacate the property. If the tenant does not leave the premises in this court ordered time period, the sheriff will remove the tenant from the property.

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