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Landlord-Tenant Law is the meeting point of Property and Contract law as it applies to renting property. Although mostly governed by local statutes and common law, there are protections offered by state and federal laws and agencies as well. Depending on where you live, the specific laws that apply may differ, but there remain certain underlying tenets that apply to every rental situation.
The Federal Civil Rights Act of 1866 prohibits discrimination in housing across the country in private and public ventures. The United States Department of Housing and Urban Development (HUD), created in 1965, is charged with investigating such claims of discrimination. Efforts were made in 1972 to draft a Uniform Residential Landlord and Tenant Act. A document was drafted but neither Maryland nor the District of Columbia ever passed it into law. At state and local levels, housing codes were created to ensure that rented property met minimum standards of habitability at the time of the rental and throughout the tenancy.
In lieu of uniform legislation, certain standards have arisen in Landlord-Tenant matters. For example, the law recognizes what is known as the Covenant of Quiet Enjoyment. Originally found in British common law, this principle implies that, whether stated in a lease or not, a tenant may expect to live in full possession of their leased property without interference from their landlord. Further in both Maryland and the District of Columbia, a landlord cannot utilize a "self help" to evict a tenant, but must rely on a judicial eviction process.
Over the years attorneys at the Zipin Law Firm have handled cases involving Landlord-Tenant law, ranging from claims by tenants who have been evicted without cause to preparation of leases for landlords and eviction of non-paying tenants. Because Landlord-Tenant laws are so specific to location, each rental dispute has its own unique aspects. The Zipin Law Firm have extensive experience representing both Landlords and Tenants in all types of rental disputes. If you have a concern regarding your rental arrangement, you may benefit from a consultation with an attorney at the Zipin Law Firm.
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