Seymour Law Firm, LLC; Connecticut Bankruptcy, Foreclosure, Real Estate Lawyers - Landlord and Tenant Law Information Center

► Please click here if you are a Real Estate Agent or Mortgage Broker

Few sets of laws are as often misunderstood as landlord / tenant laws. The lawyers of Seymour Law Firm LLC can help either landlords or tenants navigate the laws and determine how they apply to their situations; visit our main Landlord / Tenant Law page for more information. We have also provided a primer on basic landlord / tenant law principles; see the following.

Landlord-Tenant - An Overview

When you are interested in entering into a lease for an apartment or rental property, you will have to sign documents that bind you to your decision. Afterward, any number of things could go "wrong," such as a discovery that the property is unsafe for habitation, or your failure to pay rent when it is due. Sometimes real estate issues are resolved without the involvement of judges or lawyers. In other situations, the disputes and consequences surrounding the rental of property necessitates legal assistance and resolution. At those times, the help of an experienced and effective real estate lawyer becomes a key component in protecting your financial and personal rights, whether you are a landlord or tenant. If you have are involved in a real estate dispute, call a lawyer today.

The Laws Surrounding Rental Transactions

When a person signs their name on a lease they are effectively entering into a contract which binds them, and the other party, to certain obligations and affords certain rights. Even before that time, laws are in effect which limit the real estate rental process.

For example, if an individual is working with a rental services agency or real estate agent, there are laws that govern the agent/client relationship and how much compensation the agent can charge. Other laws mandate what information must be disclosed to potential tenants about a property, what limitations may be placed on a rental, and numerous other things.

Certain federal laws, such as the Fair Housing Act, bind people across the country no matter where they live. The Fair Housing Act places strict limits on the manner in which, and to whom, a landlord or owner may rent a property. Other laws affecting the obligations of a landlord to maintain a property or return a security deposit, are state-specific. While different states may have similar laws, their requirements will vary.

Rental Agreements and Leases: What's the Difference?

Many potential tenants do not realize that there is a legal difference between a rental agreement and a lease. In short, a rental agreement is a document that provides for a short period of tenancy (often one month). The tenancy agreement is automatically renewed at the end of the period unless either the tenant or the landlord provides written notice to the other party that it will not be renewed. This is called a "month-to-month" rental. In addition to opting not to renew a rental agreement a landlord may also change the terms of the agreement after providing notice to the tenant. This right is subject to certain limitations, such as rent control laws and potentially other laws depending upon the state in which the property is located.

A lease, on the other hand, usually binds the parties to a longer period of time, such as six months or a year. The lease is considered valid over that period so long as the tenant continues to pay rent and abides by the other requirements of the lease. Leases are generally not automatically renewed at their expiration and instead require the parties to sign a new lease, or renegotiate the lease for the next term or period of time.

When Something Goes Wrong

Laws protect the rights of both landlords and tenants in the event that something goes wrong. For example, if a tenant fails to pay rent when it is due or consistently has loud parties resulting in property damage, a landlord may have a right to evict them and retain the security deposit. A tenant may have a right to break a lease and move from a rental property if a landlord fails to make necessary repairs or to maintain the property in a habitable condition. For the most part, the laws governing the rights and responsibilities of landlords and tenants are determined by states, not the federal government. For that reason, the ramifications and the remedies can be very different from location to location across the country.

Call us now at
(203) 924-6700
or use our web form here

See more at:

► Justice for Homeowners - Attorney Gary Seymour provides resources for "Justice for Homeowners" now for Bankruptcy, Foreclosure, Short Sales, Chapter 7, Chapter13 and much more.

► Get the Word Out- "Saving homes, one family at a time...The Seymour Law Firm and Attorney Gary Seymour provide Real Solutions for Real Problems."

► Ebook for Agents - A One of a Kind Connecticut Realtors Guide to Making and Keeping More Money by Attorney Gary Seymour.

In the United States people are entitled to be treated fairly when they are trying to rent a place to live, without regard to their race, color, national origin, sex, disability or, in some situations, family status. The federal Fair Housing Act of 1968 guarantees protections against discrimination in housing. If you have been discriminated against in your search for housing, contact an experienced real estate attorney today to discuss your rights.

Frequently Asked Questions about Landlord-Tenant

Q: Does the Fair Housing Act prohibit discrimination against minorities?

A: Yes. The Fair Housing Act makes it unlawful for a landlord or property owner to discriminate against potential renters (or homebuyers) on the basis of their race, color or national origin. The Act prohibits a variety of improper activities including, among many others, lying about the availability of property, charging more rent to minorities, or attempting to keep neighborhoods or other areas free of minorities.

Q: Do gays and lesbians have a right to live in an apartment together?

A: Currently no federal law (one covering the entire country) prohibits discrimination in rental housing on the basis of a person's sexual orientation. Some states and communities, however, do protect the right of gays, lesbians, and transgender individuals in housing opportunities. For example, some states make it illegal for a landlord to evict a tenant based upon their sexual orientation or to prohibit them from renting an apartment. The protections afforded, if any, depend greatly on the state in which the action has occurred.

Conclusion

Landlords and tenants both have various legal rights and obligations when they are involved in a real estate rental. If you have questions about a real estate rental transaction in which you are involved, it is in your best interests to contact an experienced real estate lawyer to ensure that your rights are protected and your interests maintained.

Copyright ©1994-2006 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

See more at:

► Justice for Homeowners - Attorney Gary Seymour provides resources for "Justice for Homeowners" now for Bankruptcy, Foreclosure, Short Sales, Chapter 7, Chapter13 and much more.

► Get the Word Out- "Saving homes, one family at a time...Real Solutions for
Real Problems."

► Ebook for Agents - A One of a Kind Connecticut Realtors Guide to Making and Keeping More Money!