Justice360° - Legal Bulletin: Landlord-Tenant Relations

 


In the United States, many Muslims face difficulties related to residential landlord-tenant relationships. In most leases, contracts stipulate the lease duration expressly or by implication. For example, a lease may state that it is for one year, or that rent is due the first of each month. Agreements may be automatically renewed without express notice of termination by a tenant. If a tenant wrongfully remains in possession after the expiration of the lease, a landlord can evict a tenant or force another month’s payment.

Landlords are obligated to fulfill certain duties for their tenants. Landlords are required to grant the tenant actual possession of the premises at the beginning of the lease term. Landlords must not interfere with the tenant’s quiet enjoyment of the premises and must maintain standards in accordance with local housing codes. If the landlord does not maintain the premises in accordance with local housing codes, a tenant may terminate the lease, make necessary repairs and offset the costs against future rent or pay full rent and sue for damages.

A landlord is obligated to keep the premises of a residential property safe if the involved areas are common areas (i.e. hallways) or if the residence is furnished and short-term. Landlords must also keep premises safe that are unsafe due to negligent repairs or if the landlord should have known the premises were unsafe. If a tenant adds an item to a premise (i.e. ceiling fan) the tenant may retain the item before the end of the lease term. The tenant would be responsible for repairing any damage caused by the removal.


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