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Commonly Asked Questions about US Landlord-and-Tenant Law

A rental agreement is a contract (written or oral) under which a landlord allows a tenant to use and occupy its property for short time periods. Commonly, a rental agreement has a monthly duration to the extent it expires and is renewed by the parties each month.
Landlord-tenant law refers to the body of law regulating the rental of commercial and residential property. It controls, among other aspects of a lease: The length of a lease. The reasons a landlord may deny a potential tenants application.
State laws often require that landlords maintain habitable conditions, comply with relevant housing codes, make repairs, keep common areas in safe conditions, supply running water and heat, and maintain appliances supplied by the property. Laws in 35 states stipulate that a landlord must maintain habitable conditions.
Most lease agreements outline most of these rights. A landlords rights include receiving a security deposit, timely rent payments, and tenant upkeep of the rental unit. A tenants rights include a habitable place to live. Certain federal laws cover other tenants rights, including freedom from housing discrimination.
Under the law, someone living in your rental property without a lease is still considered a tenant. Therefore, youll need to follow the same general guidelines you would take to evict any tenant, even if there is no written lease agreement.
A tenant can be evicted even if they do not have a written lease. While it is always preferable to have a formal lease in place, if the tenant is living in another persons house, they are considered the owners tenant and can be evicted on the same basis as a tenant on a month-on-month lease.