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Responsibilities of Landlord and Tenant Section 33.2.

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Presentation on theme: "Responsibilities of Landlord and Tenant Section 33.2."— Presentation transcript:

1 Responsibilities of Landlord and Tenant Section 33.2

2 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live What You’ll Learn How to explain the duties of landlords and tenants (pp ) How to describe eviction proceedings (p. 722)

3 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live What You’ll Learn How to identify tort liability of landlords and tenants to third parties (p. 723)

4 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Why It’s Important The better you understand the responsibilities of landlords and tenants, the better prepared you will be when you rent or lease property.

5 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Legal Terms quiet enjoyment (p. 719) waste (p. 720) fixtures (p. 720) trade fixtures (p. 722) eviction (p. 722) constructive eviction (p. 723)

6 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live The Landlord’s Duties Section Outline Refrain from Discrimination Maintain the Premises Deliver Peaceful Possession

7 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live The Tenant’s Duties Abiding by the Terms of the Lease Avoid Waste Return Fixtures Section Outline Eviction Proceedings Tort Liability

8 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Pre-Learning Question What are the landlord’s duties?

9 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live The Landlord’s Duties Landlords have specific duties imposed by law, in addition to those found in a lease. They include: Refraining from discrimination Maintaining the premises Delivering peaceful possession

10 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Refrain from Discrimination In selecting tenants, landlords are bound by various laws against discrimination.

11 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Refrain from Discrimination In nearly all states, it is against the law for a landlord to refuse to rent or lease property to any person because of race, religion, color, national origin, sex, age, ancestry, or marital status.

12 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Maintain the Premises Rental property offered for dwelling purposes must be fit for human habitation. It must be relatively clean, properly heated, furnished with utilities, and safe.

13 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Deliver Peaceful Possession Tenants are entitled to the exclusive peaceful possession and quiet enjoyment of the rental premises. Quiet enjoyment is your right to undisturbed possession of the property.

14 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live 33.2 Finding and Living in Rental Housing Choose a location and a price that fit your needs.Choose a location and a price that fit your needs. Compare costs and features among possible rental units.Compare costs and features among possible rental units. Talk to people who live in the apartment complex or the neighborhood.Talk to people who live in the apartment complex or the neighborhood. Step 1: The Search

15 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live 33.2 Finding and Living in Rental Housing Step 2: Before Signing a Lease Be sure that you understand and agree with all aspects of the lease.Be sure that you understand and agree with all aspects of the lease. Note the condition of the rental unit in writing. Have the unit’s owner sign it.Note the condition of the rental unit in writing. Have the unit’s owner sign it.

16 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live 33.2 Finding and Living in Rental Housing Step 3: Living in Rental Property Keep the place in good, clean condition.Keep the place in good, clean condition. Notify the owner of any necessary repairs.Notify the owner of any necessary repairs. Respect the rights of neighbors.Respect the rights of neighbors. Obtain renter’s insurance to protect personal belongings.Obtain renter’s insurance to protect personal belongings.

17 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live 33.2 Finding and Living in Rental Housing Step 4: At the End of the Lease Leave the unit in at least as good a condition as it was when you moved in.Leave the unit in at least as good a condition as it was when you moved in. Tell your landlord where to send your refunded security deposit.Tell your landlord where to send your refunded security deposit. Ask that any deduction from your deposit be explained in writing.Ask that any deduction from your deposit be explained in writing.

18 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Which of the landlord’s duties is being breached? One Sunday, while Tad was watching a football game with some friends, his landlord simultaneously knocked and unlocked the door to his apartment.

19 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live The landlord stepped into the apartment with a young couple and said, “Just wanted to show these folks an apartment, in case one becomes available soon.”

20 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Which of the landlord’s duties is being breached?

21 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live ANSWER Delivering peaceful possession.

22 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Roland and Alexa prefer renting their apartments to single women because they feel women make better tenants.

23 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live In order to do so, they only advertise an apartment vacancy in beauty parlors and tell any men who stop by that no apartments are available.

24 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Which of the landlord’s duties is being breached?

25 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live ANSWER Refraining from discrimination.

26 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Pre-Learning Question What are the tenant’s duties?

27 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Tenant’s duties include: The Tenant’s Duties Paying rent Abiding by the terms of the lease Avoiding waste Returning fixtures

28 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Tenants have the duty to Abiding by the Terms of the Lease Pay rent to the landlord when it is due Observe the valid restrictions contained in the lease

29 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Tenants have the duty to avoid damaging or destroying the property, acts also known as committing waste. Waste is defined as substantial damage to premises that significantly decreases the value of the property. Avoid Waste

30 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live You must return the premises to the landlord in as good a condition as when you moved in, except for reasonable wear and tear. Avoid Waste

31 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live The tenant must turn over to the landlord all fixtures in the premises at the expiration of the tenancy. Return Fixtures

32 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Fixtures are items of personal property attached to real property, such as built-in stoves and dishwashers, kitchen cabinets, and ceiling light fixtures. Return Fixtures

33 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Trade fixtures are items of personal property brought to the premises by the tenant that are necessary to carry on the trade or business to which a rental property will be devoted. Return Fixtures

34 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Contrary to the general rule, trade fixtures remain the personal property of the tenant and can be removed at the end of the term of occupancy. Return Fixtures

35 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Pre-Learning Question What happens when someone is evicted?

36 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Eviction occurs when a landlord deprives a tenant of the physical possession of the premises. Eviction Proceedings

37 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live You can be evicted for Eviction Proceedings Not paying rent Remaining after the expiration of the lease Damaging the premises (commission of waste) Violating provisions in the lease

38 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live It is illegal in every state for a landlord to use force to evict a tenant. The landlord must first obtain a court order. Eviction Proceedings

39 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live The court will generally appoint a sheriff or other authorized officer to carry out the eviction order. Eviction Proceedings

40 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live A constructive eviction occurs when a landlord breaches a duty under the lease. When constructive eviction occurs, you may consider the lease terminated, leave the premises, and stop paying rent. Eviction Proceedings

41 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Pre-Learning Question Who is liable if someone is injured on rented property?

42 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live When someone is injured on rented or leased property, both the landlord and the tenant may be liable. Tort Liability

43 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Whoever is in control of the area where the injury occurs is generally liable if the injury is caused by negligence. Tort Liability

44 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live The landlord can be liable for injury caused by a defect in the common areas over which he or she has control, such as hallways or stairways. Tort Liability

45 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Likewise, the tenant can be liable for injury caused by defects in the portion of the premises over which he or she has control. Tort Liability

46 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Reviewing What You Learned 1. 1.What are the duties of the landlord? What are the duties of the tenant? Section 33.2 Assessment

47 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Reviewing What You Learned Landlord duties—(1) refrain from discrimination, (2) maintain the premises, and (3) deliver peaceful possession. Tenant duties—(1) pay rent when it is due, (2) observe the valid restrictions contained in the lease, Section 33.2 Assessment Answer

48 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Reviewing What You Learned (3) avoid damaging or destroying the property, and (4) turn over to the landlord all fixtures in the premises at the expiration of the tenancy. Section 33.2 Assessment Answer

49 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Reviewing What You Learned 2. 2.Under what circumstances may a landlord evict a tenant? How must eviction be carried out? Section 33.2 Assessment

50 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Reviewing What You Learned A landlord may evict a tenant for nonpayment of rent, remaining after the expiration of the lease, commission of waste, or violation of any lease terms. The court must enforce the eviction. Section 33.2 Assessment Answer

51 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Reviewing What You Learned 3. 3.Who is liable when someone is injured due to a defect in an apartment house stairway? Why? Section 33.2 Assessment

52 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Reviewing What You Learned The landlord is liable. This is a common area over which he or she has control. Section 33.2 Assessment Answer

53 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Section 33.2 Assessment Critical Thinking Activity Reasonable Wear and Tear What do you think is considered reasonable wear and tear on an apartment you have rented for one year? Five years?

54 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Section 33.2 Assessment Critical Thinking Activity Answer Reasonable Wear and Tear Answers may vary, but could include minor carpet stains, small nail holes from hanging pictures, and scuffed walls, floors and cabinets.

55 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Section 33.2 Assessment Legal Skills in Action Landlord Liabilities You have rented a second-story apartment at the beach for the summer. The complex has a common picnic area with barbeque grills, a swimming pool, and tennis courts.

56 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Section 33.2 Assessment Legal Skills in Action Landlord Liabilities You know you will have visitors all summer long and wonder what might happen if someone gets hurt.

57 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Section 33.2 Assessment Legal Skills in Action Landlord Liabilities Make a list of the parts of the premises where the landlord would be liable for injuries to one of your guests.

58 Understanding Business and Personal Law Responsibilities of Landlord and Tenant Section 33.2 Renting a Place to Live Section 33.2 Assessment Legal Skills in Action Answer Landlord Liabilities Lists will vary, but should include that the landlord can be liable for injury caused by a defect in the common areas such as the pool, tennis courts, and picnic areas.

59 Responsibilities of Landlord and Tenant End of Section 33.2


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