Landlord Tenant Relationship

Laws Specify the following obligations of the landlord: 

A.  The landlord is obliged at all times during the tenancy:

1.) To comply with all applicable building, housing, or health codes, or

2.) In the absence of codes, to maintain all structural components (e.g. roofs, windows, floors, exterior walls, etc.) in good repair; and to  maintain the plumbing in a reasonable working condition. The landlord may alter or modify these obligations with respect to a single-family home or duplex by stating so in writing to his tenant(s).

B. Unless otherwise agreed in writing in writing, in addition to the above requirements, the landlords of a dwelling unit, other than a single-family home or duplex, shall also make reasonable provisions for extermination of rats and bugs; supplying locks and keys; removal of garbage; heat; running water and hot water. He must also maintain the common areas in a clear and safe condition.

C. The landlord must disclose in writing to the tenant his name and address, or that or someone authorized by him to act as his agent. He shall disclosed this in writing at or before commencement of the tenancy.

D. The landlord may enter the dwelling unit at any time necessary to protect or preserve the premises under the following circumstances:

1. With the tenant’s consent;

2. In the case of an emergency;

3. When consent has been unreasonably withheld by the tenant; or

4. If the legal presumption for abandonment has occurred. The Landlord shall not abuse his right of access nor use it to harass the tenant.

E. The landlord must observe and comply with the requirements of the rental agreement. He cannot make any agreements with the tenants which would take away any of the rights of the tenant.

The Sale Clause

Every residential lease should contain a clause regarding the possible sale of the property while a tenant is in possession. Ordinarily, any buyer of residential real estate buys subject to all existing leases; the buyer should find out who is in possession of the property and the basis on which that person is in possession, before he complete the purchase. If a tenant has possession, the buyer should find out on what basis that tenant has possession and for how long. The buyer can then buy the property subject to the tenant’s right to remain on the property.