Landlord and Tenant Regulations


attractive nuisance

object, structure, or condition that can be reasonably expected to attract children

constructive eviction

circumstance in which a landlord fails to meet a required duty or does something against their legal duty, making a property uninhabitable. The tenant must notify the landlord and move out within a reasonable time.

duty of care

requirement that an individual act toward others and the general public with the care and judgment that a reasonable person in that situation would use


act of permanently expelling someone, especially a tenant, from a property

implied warranty of habitability

requirement that a landlord satisfy all applicable building code standards and/or that the premises be acceptable for people to live in


person who is lawfully on property with the expectation of economic gain by the owner. This triggers a heightened duty of care.


person who rents out a building, an apartment, or land to another and who is responsible for certain legal duties

landlord-tenant relationship

relationship in which an owner of a real property allows another person to have temporary, exclusive possession of that property in exchange for payments


contract in which one party conveys interest in land or property services to another for a certain time period in return for periodic payments and is subject to renewal by one or both parties


person who is on property for his or her own purposes, but with the owner's permission, such as a mail carrier or city meter reader


civil wrong in which the defendant owed a duty, breached that duty, and caused the plaintiff harm


anyone with a degree of control over the property, not just an owner. There can be multiple occupiers at any given time.

peaceful possession

tenant's right to enjoy a property without lawsuits or hostile actions that attempt to throw the tenant out of the property

periodic tenancy

act of possessing land as a renter or leaser for a fixed period; automatically continues for more periods until one party tells the other of the desire to terminate

quiet enjoyment

right of tenants to enjoy the premises they have rented without interference, such as recurring noise from the landlord or a landlord who enters the premises and snoops

real property

land and everything attached to it that cannot be easily moved, such as buildings, crops, and mineral rights; not the same as personal property

self-help eviction

eviction in which a landlord throws out a tenant without following the eviction process

statute of frauds

requirement that certain types of contracts must be in writing in order to be valid

strict liability

legal responsibility for one's conduct even if there is no negligence on the defendant's part. It is legally sufficient that the act caused harm.


lease of real property for a stated, fixed period; may be for days, weeks, months, years, or some other set term


person who occupies an apartment or property as agreed upon in a lease or rental agreement with a landlord


violation of rights of an identifiable individual or business that has been wronged intentionally or by negligence. Common torts include defamation, nuisance, conversion, and negligence.


person who goes onto the land of another, or causes an object to be placed on the land of another, intentionally and without approval from the landowner