Kirk C. answered • 02/22/22
Legal Logic & Literacy Tutor
Explain why we need laws that address the rights and obligations of the landlord and tenant and the rights and responsibilities of each party.
In Maryland, where I practice law, Landlord-Tenant relationships find their roots in the English Feudalism and early Common Law but has been mostly replace by statutory law. Like in the English tradition of the Lord of the Manor, the the property remains under the Landlords ownership but a right of use of the property is extended to the tenant for some form of compensation. Contemporary Landlord lease the property in return for money rent to be paid usually monthly for an annual period.
The landlord has a contractual interest in the rent for the right to use the property. The tenant has a contractual interest in the possession and use of the property in return for the rent payment. The landlord is entitle to protection against damage to the property beyond reasonable wear and tear (wasting) of the property, but must provide premises in a reasonably safe and habitable. Landlord can periodically inspect the condition of the property with reasonable notice. Security deposits are collected to use in the event such damages do occur. Landlords also has the opportunity to bring a breach of lease action and ask for eviction of the tenant.
Tenants on the other hand has a right to use and possession of the property that can't be terminated unless by agreement or by court order. No eviction can take place without the courts permission. Locks can't be changed and utilities can't be denied in the effort to illegally evict the tenant. The landlord further owes a duty to the tenant to comply with local and state building and health codes as well as other legal requirement for renting property.
Due to the unique nature of landlord tenant relationships and the need for quick resolution of the unsettled state of control of the property when a dispute arises, the laws allow for an expedited court action called failure to pay rent action. If a tenant falls behind in payments, the Landlord can ask for a judgment for the rent owed. After a period of time for the tenant to redeem the rights to the property, the landlord can foreclose redemption and ask for an eviction.
Housing has a major impact on the rights of quality of life, health and economic freedom for the tenant and their family. Housing for the Landlord has an impact on the property rights and economic interest of the landlord. Landlord-tenant laws assist both sides in protecting their respective rights while providing a much needed relationship that has been around since the Feudalistic ownership of property and will continue to evolve into the future.
