landlord-tenant law
Landlord-tenant law governs the rental of residential and commercial property. It regulates lease terms and termination, tenant screening, subleasing, repairs, and eviction procedures. These rules come from state statutes, local ordinances, common law, and in some cases, federal law.
Many states follow versions of the Uniform Residential Landlord and Tenant Act. Landlords must generally provide habitable housing that complies with local building codes. Most states recognize an implied warranty of habitability, requiring landlords to make necessary repairs. If the warranty is breached, tenants may be allowed to withhold rent to pay for repairs directly, or sue for damages. Landlords cannot evict tenants in retaliation for reporting code violations.
Evictions occur when tenants violate lease terms or fail to pay rent. In most states, a court order is required for eviction, and only law enforcement can carry out the judgment. A landlord who materially interferes with a tenant’s use of the property may trigger constructive eviction, but the tenant must leave the property within a reasonable time to preserve the claim.
Federal law, including the Fair Housing Act, prohibits housing discrimination. In Neithamer v. Brenneman Property Services, Inc. (1999), the Court established a four-part test to infer housing discrimination when no direct evidence exists. The tenant must show they:
- Are part of a protected class,
- Were qualified to rent,
- Were denied housing, and
- That the property remained available.
These federal rules do not apply to roommate selection, single-family homes rented by owners, or owner-occupied buildings with four or fewer units.
[Last reviewed in July of 2025 by the Wex Definitions Team]
Keywords
- property
- private property rights
- property contracts
- property law
- Real Property
- real estate
- landlord
- eviction
- contract law
- contract
- discrimination
- state law
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