Landlord-Tenant
Landlord-Tenant
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In the most general sense, landlord-tenant law governs the
relationships between an owner, or landlord, of a home and the person
who is renting the home as a residence - the tenant. The law covers
both residential and commercial property.
A Landlord Tenant Law Fact: Known to most tenants as an eviction, the
process is known as summary process is many jurisdictions.
A lease is a contract between the landlord and the tenant and is in effect
for the time period specified in the lease. If either party breaches
(breaks) the lease, he is still liable for what he agreed to under the
lease. For example, if the tenant moves out early, he is still liable for the
rent for the remainder of the lease. However, the landlord has a duty to
"mitigate" his damages by using reasonable efforts to rent to another
tenant. If the tenant stops paying rent, the lease will often allow the
landlord to terminate the lease and often allows him to keep any
advance rents and/or security deposits.
If a tenant is having problems with their residence (unsanitary
conditions, noisy neighbors, hazardous conditions, etc.), the tenant
should document these problems in writing and send a copy of the
documentation certified mail/return receipt requested to the landlord. If
you eventually decide to break the lease, this documentation will be
invaluable if the landlord brings a court case. The more evidence you
have that you told the landlord about the problems and that the landlord
failed to correct them, the stronger your argument will be for being
allowed out of the lease. It may come down to your word against your
landlord's and the better prepared you are, the easier it will be for you.
relationships between an owner, or landlord, of a home and the person
who is renting the home as a residence - the tenant. The law covers
both residential and commercial property.
A Landlord Tenant Law Fact: Known to most tenants as an eviction, the
process is known as summary process is many jurisdictions.
A lease is a contract between the landlord and the tenant and is in effect
for the time period specified in the lease. If either party breaches
(breaks) the lease, he is still liable for what he agreed to under the
lease. For example, if the tenant moves out early, he is still liable for the
rent for the remainder of the lease. However, the landlord has a duty to
"mitigate" his damages by using reasonable efforts to rent to another
tenant. If the tenant stops paying rent, the lease will often allow the
landlord to terminate the lease and often allows him to keep any
advance rents and/or security deposits.
If a tenant is having problems with their residence (unsanitary
conditions, noisy neighbors, hazardous conditions, etc.), the tenant
should document these problems in writing and send a copy of the
documentation certified mail/return receipt requested to the landlord. If
you eventually decide to break the lease, this documentation will be
invaluable if the landlord brings a court case. The more evidence you
have that you told the landlord about the problems and that the landlord
failed to correct them, the stronger your argument will be for being
allowed out of the lease. It may come down to your word against your
landlord's and the better prepared you are, the easier it will be for you.
| Law Offices of Christopher J. Shellito, Esq., LLC 5510 Pearl Road, Suite 300 Parma, Ohio 44129 (440) 885-LAWS (5297) (440) 885-5318 Facsimile E-Mail: chris@shellitolaw.com |