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A lease establishes the relationship of landlord and tenant and is both a conveyance of a possessory estate in real property and a contract between the parties. Through the lease, the tenant receives a right to legal possession of the property in exchange for “valuable consideration” (i.e., rent) paid to the landlord. Most leases specify the duration of the agreement, any terms for extending the agreement and details regarding rent payments. Because a lease is both a conveyance and a contract, two sets of duties between the landlord and tenant arise: those that exist in relation to traditional property laws, and those that arise due to the contractual promises of the lease. Many states also have legislation designed to protect the rights of residential tenants, including the right to fit housing and rules regarding evictions. Because these landlord-tenant laws vary by location, it is important to check state and local laws for specific details to ensure that you are in compliance with the law.

Types of Tenancies
In a landlord-tenant relationship, the landlord maintains ownership of the property and the tenant has the right to use the property, as established in the terms of the lease or rental agreement. Tenants have a non-freehold estate interest in the property, created through a lease or rental agreement that is written or oral. Non-freehold estates are often referred to as tenancies. As a landlord, it is important to understand the various tenancies that define the type of lease or rental agreement that exists between you and your tenants. There are four types of tenancies that you should be familiar with:

Tenancy for Years
A tenancy for years is a type of lease that specifies a definite term for the agreement, such as one month or one year. The lease terminates automatically at the specified end date without the need for notice by either the landlord or tenant. A tenancy for years is sometimes called a fixed term tenancy.

Tenancy from Period to Period
A tenancy from period to period is a type of lease that specifies a definite initial time, but that is automatically renewable unless terminated by either the landlord or tenant. The lease could be from week to week, month to month or year to year, and it is renewable indefinitely for a like period of time. A tenancy from period to period is also called a periodic tenancy.

Tenancy at Will
A tenancy at will exists at the pleasure of the landlord and tenant. In other words, it is in force until either the landlord or tenant terminates the agreement. In theory, a tenancy at will can be terminated instantly whenever notice is given by either party. In practice, however, landlords typically provide a reasonable amount of time for the tenant to vacate the property. A tenancy at will is sometimes called an estate at will.

Tenancy at Sufferance
A tenancy at sufferance is never intentionally created and exists as the result of circumstances. This type of tenancy occurs when a tenant remains on a property after a lease has been terminated or the agreement has expired. The only difference between a tenant at sufferance and a trespasser is that the former at one time had a right to occupy the property. A tenancy at sufferance is also called a holdover tenancy.

Itis possible that various types of tenancies can apply to the same rental over a period of time. For example, a tenant could start out with a one-year lease (tenancy for years), and once that period is over, the tenancy could switch to a month-to-month basis (tenancy from period to period). The type of estate that a person has in real property establishes the duration and the scope of his or her rights to ownership and/or possession of the property.

Leases
Local laws may dictate what can be included in a lease (for example, the amount of late fees that you may charge might be limited). In general, a lease will include the following detailed information:

• address of the rental property
• names and signatures of the tenant(s) and landlord
• date the lease was signed
• beginning and end dates of the rental period
• terms for the collection of rent (i.e., amount, due date, late fees, etc.)
• amount of the security deposit and policies for returning
• notice required to terminate the lease
• required disclosures (i.e., lead-based paint disclosure)
• policies regarding utilities (does the landlord or tenant pay, etc.)
• policies regarding subletting
• maximum occupancy
• policies regarding pets and overnight guests
• policies regarding parking and storage areas
• policies regarding landlord right of entry
• situations where the tenant will be asked to grant access to maintenance workers
• policies regarding evictions

Because a lease is a legal document that can protect you, it is advisable to have a qualified real estate attorney or one who specializes in landlord-tenant law review or write the lease you plan on using.

Landlord’s Duties
A landlord must provide safe and habitable units to tenants in compliance with local, state and federal statutes. You must do the following:

• comply with current building and housing codes
• make all repairs and keep the property in habitable condition
• keep all common areas (halls, stairs, parking areas, etc.) in safe condition
• keep electrical, plumbing, sanitary, HVAC and other facilities and appliances in good and safe working order
• provide properly functioning smoke detectors (placing new batteries in them at the beginning of a lease)
• allow your tenant to modify the property to accommodate special needs as set forth in fair housing laws (such as allowing a service animal or installing a wheelchair ramp)

Tenant’s Responsibilities
A tenant is responsible for paying rent in full and on time and following the terms of the lease or rental agreement. In addition, you can generally ask tenants to abide by the following rules:

• use the rental property for legal, residential purposes (i.e., not for running a business)
• dispose of garbage in a hygienic manner
• keep the property and adjacent area clean and in good condition
• use only those common areas that are made available to tenants
• park in designated areas
• notify you if they will be gone for an extended period
• notify you if something needs to be repaired or if damage has occurred

In general, you can ask tenants to refrain from these behaviors:

• adding roommates, which could violate fire codes and the lease terms
• making changes to the rental property without your permission
• making noise that disturbs neighbors or other tenants
• smoking in designated non-smoking areas
• having pets, or certain types or sizes of pets
• having water beds or other large appliances and furniture
• using grills on porches or balconies

Maintaining the Property
In order to keep your property’s market value up, you will have to keep your rental property in good condition, responding quickly to needed repairs and performing routine maintenance. While there are many routine maintenance and repair issues that you can deal with yourself, at times you may have to hire a contractor to do the work.

In general, don’t assume that your tenant can deal with routine maintenance issues. For example, many tenants will not clean the lint from the exterior dryer vent, replace air filters, or change overhead light bulbs. You can ask that your tenants notify you right away if they need repairs or help with any routine maintenance issues, and you should plan on responding as quickly as practical to any request. Local and state laws may dictate the amount of time you have to respond to certain health, safety or security issues.

Many landlords keep a written log of all complaints, repairs and maintenance performed on the property, including the date you became aware of the problem and the date the issue was resolved. In general, you should attempt to resolve major problems within 24 hours and minor issues within 48 hours. A major repair is one that involves the health, safety or security of the tenant, such as a broken heater during the winter or a broken exterior door lock. Minor issues do not affect the health, safety or security of the tenant, but may be an inconvenience, such as a leaky kitchen faucet.

In order to ensure you are up-to-date with maintenance, you can create a rental property maintenance checklist, itemizing routine maintenance for the interior and exterior of the rental property by season. For example, the fall checklist for the home’s exterior may include these tasks:

• drain outside faucets
• clean gutters and drains
• check roof for leaks, loose and missing shingles, and other problems
• check and clean chimney
• inspect weather stripping around windows
• inspect house siding
• remove window AC units or cover with weatherproof membrane
• remove, clean and store screens, if necessary
• inspect trees and branches that are close to the home

Enforcing Rental Policies
It is your responsibility to create and enforce rental policies. The more clearly you communicate these policies to your tenants, the easier it will be to avoid misunderstandings. Local and state laws may ban you from enforcing policies that conflict with local and state laws. In other words, do not create policies that would be illegal to enforce.

Communicating the policies personally, and in certain cases explaining why you have the policy, can help you build a better relationship with the tenant. While you are under no obligation to explain your reasoning, the tenant may be more accepting of a policy if he or she understands the rationale for the rule. As you discuss policies, you may want to clarify who is responsible for certain tasks, such as mowing the lawn. These details can also be included in the lease or rental agreement.

If a tenant is not following a clearly stated policy, you can send a written notice asking that they cease the violation or move out (known as a “notice to cure or quit”). If the tenant does not remedy the violation or move out within the amount of time as prescribed by state law, you can initiate the eviction process.

Collecting Rent
The lease or rental agreement should clearly state the amount of money the tenant must pay each month (or other specified period) for rent, when and how the rent will be collected, and any policies regarding late payments or checks returned for insufficient funds (“bounced” checks). In general, you may be able to charge a late fee for rent paid after a certain date or for a bounced check. Most states do not specific a maximum fee; however, the fees must be included in the lease or rental agreement, and the fees should be generally accepted as “reasonable.” You can review your local and state laws to ensure you are acting in compliance.

Your lease or rental agreement should also state the acceptable methods of payment. If a tenant pays in cash, you should consider providing a receipt for the transaction, including the tenant’s name, the date and the amount paid. Local laws may require you to provide a receipt regardless of the method of payment.

Evicting Tenants
You may have a tenant that does not pay rent, that fails to comply with the lease terms, whose conduct presents health or safety issues, or who conducts illegal activities on the premises. In such cases, you have a legal right to have the tenant and his or her belongings forcibly removed from your property – a process called eviction.

You cannot begin an eviction lawsuit until you terminate the tenancy by providing the tenant written notice. If the tenant does not remedy the situation (for example, by paying the late rent) or move out, you can then file a lawsuit to evict.

State laws vary regarding eviction, and it is important to follow the proper channels to avoid problems. You should have a thorough understanding of your rights and duties prior to evicting a tenant. Many landlords pay an attorney to assist with the eviction process.

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Almost every one of these landlord-tenant relationships last a minimum of one year and some last many years, even decades.

The relationship that you enjoy with your landlord can directly impact your lifestyle, comfort, image and financial standing. Establishing a positive and healthy relationship with your landlord can go a long way in helping you live in the best conditions possible, getting you the fastest responses to maintenance requests, and keeping your rental rates reasonable.

The following are some quick tips that can go a long way in helping to maintain and improve landlord-tenant relations:

During your rental search

1. Know what your expectations are before searching for a property. If your requirements aren’t offered at a particular property, then move on. Don’t expect a landlord to add an unreasonable amount of amenities or upgrades to an existing rental. There are often other units available that will meet all of your needs.

2. Submit completely accurate rental applications regardless of your shortcomings. Do not overstate your income or lie about credit problems. Landlords are increasingly open to working with challenged credit. Providing a clear explanation as to why your credit has suffered and expressing your desire to improve the situation will go a long way to sway a decision.

We always recommend a prewritten letter with this information be sent with the rental application, as it shows some planning and thought went into your process. Lying on an application is almost always grounds for denial or later termination of a lease.

3. Ask the right questions. Those questions are the ones most important to you. In most cases, landlords and agents are not required to disclose some information that may be important to you. Do not be shy when searching for a home to rent. Ask as many questions as necessary to make sure that you are comfortable with the decision you are making.

4. Get it in writing. If a landlord has promised a repair, new carpet, new appliances, or anything else will be done as a condition of your lease, then be absolutely sure to get it in writing, preferably on the lease document. Anything less opens up the chance for miscommunication and leaves an opening for problems.

I can’t remember how many times I’ve spoken to tenants who were “promised new carpeting” at some point during their tenancy and did not get it. Promises don’t get things done. Written agreements do.

5. Read your lease completely. This is an important process. You are making legally binding guarantees regarding payments, upkeep, repairs, etc. Read it thoroughly before you sign it. If possible, ask for a copy the day before signing the lease so that you have enough time to read and think about any potential questions.

Move-in time

6. Complete or request a walk-through to assess any existing wear or damage. This will alleviate many disputes at the time of move-out. Make sure this is done thoroughly and ask for a copy for your records.

7. Make sure that you know all of the pertinent property information (utility info, garbage day, mailbox number, instructions for alarms, entry systems, sprinkler systems, homeowners association rules, etc.).

By collecting all of this information upfront you can eliminate several calls to your landlord over the first weeks of tenancy. When landlords receive a flood of calls from a new tenant they instantly start to think of that tenant as high maintenance. This puts an instant strain on the relationship and can set up future problems.

An effective landlord should provide this information for the same reason, but many do not. By collecting all of this at the time of move-in you can avoid that unnecessary contact.

8. Make sure that you know the exact process for contacting your landlord in case of any questions or repair issues. Every landlord is different and each has a process for dealing with tenant inquiries.

You are best served to ask exactly how the landlord would like to be contacted. Don’t assume that texting or calling is the preferred or most effective option. By following the landlord’s preferred process you instantly become “easier to work with” than the tenant who contacts the landlord by some other means.

Landlords are also likely to respond more quickly to those who operate the way that they prefer to operate.

During your tenancy

9. Pay your rent on time. That’s easy enough when everything is going well, but what about when things are not? Your best option is to contact the landlord as soon as you see a problem arise, and work out an agreement to get on track. Very few landlords will want to evict a tenant who they believe honestly wants to pay but is having a short-term problem.

The worst option is silence. A nonpaying, noncommunicating tenant will and should be dealt with harshly.

10. Be reasonable with your requests. Most landlord-tenant issues that don’t involve money center around tenant maintenance requests that they feel are not handled adequately by their landlords.

There are many cases where the tenants are absolutely in the right and landlords have neglected their duty to provide clean, safe housing. However, in many other instances the requests made by tenants are completely unreasonable, and by utilizing a bit of patience and thought these issues can be resolved reasonably.

Handle very minor issues on your own. Almost any tenant can replace a light bulb, furnace filter, or smoke detector battery. They can tighten a door knob or put a closet door back on its track. However, these types of tiny issues constitute a huge number of service calls and maintenance costs for landlords.

If you have small issues and can’t handle them on your own, then wait until a larger problem arises that truly requires service and ask if those smaller items can be addressed as well at that time, saving multiple service trips. If you have a non-emergency issue, don’t require that it be handled on an emergency time frame.

There are many factors out of the landlord’s control that go into how quickly an issue can be resolved, including vendor schedules, time of day/week, weather, travel time, etc. Tenants need to take these factors into account and try to understand that your landlord wants to resolve your issues and wants you to be a happy tenant, as it is in their best interest.

Above all else, it’s important to remember that you are ultimately dealing with another human being. If you are speaking with a property manager or maintenance tech you are dealing with someone who can choose to help you or ultimately push your concerns aside. Your goal should be to get your questions answered and problems resolved, not to make as much noise as possible.

By portraying yourself as an honest tenant, preparing yourself for your tenancy up front, educating yourself on your lease terms and rules, and making reasonable requests using the proper channels, it is very likely that you will have a happier and more successful relationship with your landlord and a more pleasant stay in your rental property.

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