Friday, October 31, 2014

Landlord-Tenant Obligations

Landlords and tenants often have a misunderstanding of their obligations to each other and to the leased premises.  This misunderstanding often leads to uncomfortable situations that neither anticipated when entering into the rental agreement.  During a dispute, self-help is not permitted by either party.  Tenants must continue to pay rent and landlords cannot improperly evict.  Either party should seek the advice of an attorney if a written request to correct a violation goes unanswered.

Communication is important, but documentation is the key.  All oral promises, agreements, or necessary notices should be quickly written down, dated, and delivered to the other party via email, text, or certified mail.  A date stamped copy of all correspondence should be kept by the sender.

Both landlord and tenant should check their local codes and ordinances to ensure they are compliant with both state and local laws.  

Below is a chart summarizing the statutory obligations of both.  The information provided should in no way be considered legal advice.  The accuracy of any legal information provided is not guaranteed.  Please seek professional help if there are concerns about specific legal issues.

NeSmith Law Firm, PLLC

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