Define: Obligations Of Landlord And Tenant

The obligations of landlords and tenants are defined by rental agreements and relevant laws, aiming to ensure a mutually beneficial and lawful tenancy. Landlords typically have responsibilities such as maintaining the property’s habitability, making necessary repairs, and adhering to health and safety standards. They must also respect tenants’ rights to privacy and quiet enjoyment of the property. Tenants, on the other hand, are generally obligated to pay rent on time, keep the property clean and undamaged (aside from normal wear and tear), and comply with the terms of the lease agreement. Both parties have a duty to communicate openly and resolve disputes in a fair and timely manner. Understanding and fulfilling these obligations is crucial for maintaining a positive landlord-tenant relationship and ensuring a smooth rental experience.

When a Lease is created, if it is carefully drafted it will define in detail the obligations of the landlord and the tenant towards one another.

These obligations are typically in the form of covenants (see leasehold covenant). However, in addition to the express covenants written into the lease (which, of course, may not even exist if the lease is informally created), there are many statutory and common law provisions that govern the relationship between the landlord and the tenant.

These include the following.

1. Common law implied covenants. These include, for example, tenants liability for repairs.
2. Statutory implied covenants. For example, the landlord and tenant act (1985) creates an obligation on the landlord to maintain the exterior and utilities of a property subject to a lease shorter than seven years.
3. Common law and statutory rules on how covenants — express or implied — run with the land.
4. Statutory protection from eviction, which was once considerable, but is much reduced under recent legislation.
5. Rules concerning the forfeiture of lease.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.