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Landlord Tenant Disputes – Both Contract Law and Local Law
The rights of tenants vary significantly in different jurisdictions even within a particular locality. Please specify your local city and county wen researching the law.
Rental Agreement or Lease Terms Must Abide by Local Law, County Ordinance, City Municipal Codes
The allowable terms of a rental agreement or lease are often dictated by law, including in particular county ordinance or city or municipal code in the location where the property itself stands.
Terms Under Agreement- Similar to Contract Law
Landlord Tenant rights also arise from the specific contract terms in the lease or agreement.
In general, the terms of an agreement specify the payment (“rent”) due for each month or period, when the payment is due (i.e. received by landlord or agent), what form of payment is acceptable (cash, check, etc.), who lives in the location, how many people may live in the property, any rules for subletting if allowed, the various responsibilities of the tenant and the landlord with respect to maintenance and other matters, the security payments, cleaning fees, and what the tenant and landlord rights are for failure to perform as indicated. The agreement may also have many other terms.
There is often a question of whether a term in the agreement is consistent with the state or local law governing landlord tenant relationships. Typically, the requirement of law would be upheld versus a different provision in an agreement, especially if the lease is less favorable to the tenant.