Guide · Real Estate
Landlord and Tenant Law: A Comprehensive Guide to Leases, Habitability, Deposits, and Eviction
42 U.S.C. § 1437
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-06-21
- Topic
- Real Estate
This guide covers residential landlord-tenant law end to end, for the tenant trying to keep a home, the small landlord trying to operate lawfully, and the lawyer advising either. Part 1 covers the tenancy itself: how it is created, the kinds of tenancy, and the lease terms courts will not enforce. Part 2 covers the landlord's core obligations, including the implied warranty of habitability from Javins and the covenant of quiet enjoyment, and Part 3 covers the tenant's remedies and the statutory mechanisms that must be used exactly as written. Part 4 covers rent, fees, and security deposits, where the statutory penalties are unusually favorable to tenants who follow the sequence. Part 5 covers termination and the notice defects that end cases outright, including retaliation and just-cause requirements. Part 6 covers the eviction proceeding, service, jury rights, and the affirmative defenses that are waived if unraised. Part 7 covers subsidized housing, where a second body of federal law and a separate hearing clock apply, and Part 8 covers fair housing and reasonable accommodation. Parts 9 through 12 cover post-judgment consequences, screening records and sealing, worked scenarios, and practice notes for each role.
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