There are many issues that arise during the landlord and tenant relationship. The law imposes duties on the landlord and grants rights to the tenant. The rights of the tenants include the right to be in possession of the premises, the maintenance of habitable conditions, and non-interference with the use of the premises. These issues can be difficult to deal with and may require legal assistance. Below are some examples of common problems. Listed below are some of the most common.
The implied warranty of habitability is a key issue in landlord and tenant law. A breach of this warranty can result in the landlord losing the right to collect rent and the tenant losing their home. The case Mannie Joseph, Inc. v. Stewart illustrates the importance of this warranty. The case involved a landlord seeking back rent from a tenant. The court found that the landlord breached the implied warrant of habitability but had a legitimate reason to do so.
A landlord cannot evict a tenant for reporting a violation of a health code. In addition, a tenant may assert retaliatory eviction as a defense in an action against a landlord. In the D.C. Circuit case Edwards v. Habib, a court recognized this right. In addition to health codes, landlords must ensure that their properties are in good condition.
In addition, a tenant may not be able to sublease the property if the landlord has done something to make it unbearable for the tenant. For example, the landlord can’t turn off the heat or provide heat. If this happens, the tenant is no longer liable for the rent. However, a landlord may be liable for the damages to a rental property incurs as a result. This type of eviction can result in a lawsuit for the lost deposit.
A landlord can be held liable for damages if the tenant causes serious injuries to themselves or others. In the U.S., this may happen in cases of negligence, in which the landlord did not know about the hidden dangers of the property. The law protects tenants from this kind of behavior and ensures they don’t endanger themselves. This type of damage could also lead to a wrongful termination of the rental.
Under the law, the landlord can evict a tenant who has a holdover for a certain period. If this happens, the landlord can also impose a new rental term on a holdover tenant. Normally, the new rental term is measured by the nature of the payments. This is the same as the old one, which is month-to-month. In some states, the tenant can self-help to remove the landlord. For more details on landlord and tenant law visit your local Chicago landlord and tenant attorney.