Landlord and Tenant Duties

Landlord and Tenant Duties

Landlord-tenant law is not simply about paying rent and allowing someone to live in a property. A lease creates an ongoing legal relationship in which both the landlord and the tenant have rights, responsibilities, and duties.

The landlord generally has duties concerning the condition, maintenance, and lawful use of the property. The tenant generally has duties concerning rent, care of the premises, compliance with the lease, and respect for the rights of others.

These duties arise from several sources: the lease itself, property law, contract law, statutes, housing codes, regulations, and common-law principles. The exact rules vary considerably by jurisdiction, particularly in residential tenancies.

Cornell Law School’s Wex provides a useful general overview of the legal relationship in its explanation of Landlord-Tenant Law.

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1. The Basic Principle: Both Parties Have Duties

A lease creates reciprocal obligations.

The landlord provides the tenant with a legal right to possess and use the premises. In return, the tenant generally agrees to pay rent and comply with the terms of the lease.

The relationship can therefore be understood as a continuing exchange:

Landlord generally provides	Tenant generally provides
Possession of the premises	Rent
Quiet enjoyment	Proper care of premises
Required repairs and maintenance	Compliance with lease
Legally required habitability	Compliance with law
Lawful access subject to rules	Reasonable use
Necessary services	Protection against damage caused by tenant

These obligations are not always perfectly symmetrical.

A lease may impose additional contractual duties, while statutes may impose duties that cannot legally be waived.

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2. Landlord’s Duty to Deliver Possession

One of the landlord’s fundamental obligations is to give the tenant the right to possess the leased premises.

If a landlord leases an apartment beginning on June 1, the tenant ordinarily expects to be able to take possession on June 1.

The landlord cannot simply enter into a lease and then refuse to allow the tenant to occupy the property.

The precise legal rules differ between jurisdictions, but the basic concept is straightforward:

A lease is meaningful only if the tenant receives the possessory interest that the lease promises.

This distinguishes a lease from a mere promise to rent property in the future.

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3. The Duty of Quiet Enjoyment

The landlord generally has a duty not to interfere improperly with the tenant’s lawful possession.

This is commonly described as the covenant of quiet enjoyment.

“Quiet” does not necessarily mean literal silence.

It generally means that the tenant should be able to possess and use the property without substantial interference by the landlord or someone claiming through the landlord.

For example, a landlord generally cannot:

• repeatedly enter without legal justification;
• deliberately interfere with the tenant’s use;
• substantially disrupt the tenant’s possession;
• allow certain landlord-controlled conditions to make the premises unusable; or
• take actions designed to force the tenant to leave.

The covenant may arise from common law, the lease, or applicable statutes.

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4. Landlord’s Duty to Maintain the Premises

One of the most important modern landlord duties concerns property maintenance.

The landlord may have obligations to maintain:

• structural components;
• plumbing;
• electrical systems;
• heating systems;
• essential utilities;
• roofs and walls;
• common areas;
• required safety equipment; and
• other facilities required by applicable law.

The precise obligations depend on the jurisdiction and the type of property.

A commercial lease, for example, may allocate maintenance responsibilities very differently from a residential lease.

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5. The Implied Warranty of Habitability

Residential landlord-tenant law in many U.S. jurisdictions recognizes an implied warranty of habitability.

The basic principle is that a residential landlord generally must provide premises that meet minimum standards of health and safety.

Habitability does not mean that the property must be luxurious.

A tenant may be legally entitled to a property that is reasonably safe and suitable for human habitation even if the lease does not expressly contain a promise to that effect.

Examples of potentially serious habitability problems include:

• lack of essential heating;
• dangerous electrical conditions;
• serious plumbing failures;
• substantial water intrusion;
• severe infestation;
• unsafe structural conditions; or
• lack of required sanitation facilities.

The exact standard varies by jurisdiction.

A landlord therefore cannot necessarily avoid statutory habitability obligations simply by writing a lease stating that the tenant accepts the property “as is.”

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6. Repairs and Notice

A landlord’s duty to repair does not necessarily mean that every problem must be repaired immediately.

The tenant will often have a duty to notify the landlord of conditions requiring attention.

For example:

A tenant discovers that a pipe beneath the kitchen sink is leaking. The tenant informs the landlord. The landlord then has an obligation, subject to applicable law and the seriousness of the problem, to respond appropriately.

Notice becomes particularly important when the landlord did not know and reasonably could not have known about the problem.

A tenant who never reports a defect may have difficulty arguing that the landlord breached a duty based on a condition of which the landlord had no reasonable opportunity to learn.

Emergency conditions may be treated differently.

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7. Landlord’s Duty Concerning Common Areas

In multi-unit buildings, landlords commonly have responsibility for areas shared by multiple tenants.

These may include:

• hallways;
• stairways;
• elevators;
• entrances;
• laundry rooms;
• parking areas;
• courtyards; and
• shared recreational facilities.

The landlord may have a duty to maintain these areas in a reasonably safe condition.

This is particularly important because the landlord generally retains control over common areas even though individual tenants have possession of their apartments.

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8. Landlord’s Duty to Comply With Housing and Safety Laws

Landlords are often subject to building codes, housing regulations, fire-safety requirements, health regulations, and other statutory obligations.

These requirements may regulate matters such as:

• smoke detectors;
• carbon monoxide detectors;
• electrical systems;
• fire exits;
• occupancy limits;
• sanitation;
• heating;
• ventilation;
• structural safety; and
• accessibility.

A lease cannot necessarily override mandatory housing legislation.

This is one reason landlord-tenant law cannot be understood entirely through contract law.

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9. Landlord’s Duty Not to Discriminate

Federal and state law can prohibit discriminatory conduct in housing.

A landlord generally cannot unlawfully discriminate in matters such as:

• renting a property;
• setting rental terms;
• refusing an application;
• renewing a tenancy; or
• terminating a tenancy.

The specific protected characteristics and exceptions depend on applicable law.

Federal fair-housing law is particularly important in residential leasing.

The principle illustrates a broader point: freedom of contract has limits.

A landlord does not have unlimited freedom to choose tenants or impose terms when anti-discrimination laws apply.

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10. Landlord’s Duty Concerning Entry

A landlord generally retains certain rights to enter leased premises, but the tenant’s possessory rights place limits on that access.

Common legitimate reasons for entry include:

• inspections;
• repairs;
• maintenance;
• emergencies;
• showing the property to prospective tenants or purchasers; and
• complying with legal requirements.

Many jurisdictions require advance notice for non-emergency entry.

The amount of notice and the permitted reasons vary.

A landlord should therefore distinguish between:

Lawful access

and

Improper interference with possession.

Repeated unauthorized entry may itself constitute a breach of the tenant’s rights.

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11. Tenant’s Fundamental Duty to Pay Rent

The tenant’s most obvious duty is generally the obligation to pay rent according to the lease.

If the lease requires rent of $1,500 on the first day of each month, the tenant ordinarily must pay that amount when due.

Failure to pay rent can constitute a material breach.

Depending on applicable law, the landlord may have remedies including:

• a demand for payment;
• late fees where legally permitted;
• termination of the tenancy;
• an eviction proceeding;
• a claim for unpaid rent; and
• other contractual or statutory remedies.

However, landlords generally must follow legally required procedures before terminating a tenancy or obtaining possession.

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12. Tenant’s Duty to Care for the Premises

A tenant generally must take reasonable care of leased property.

This does not mean that the tenant must keep the property in perfect condition.

Normal deterioration from ordinary use is generally distinguished from damage caused by unreasonable conduct.

For example:

Ordinary wear and tear:

• minor carpet wear;
• faded paint;
• ordinary aging of fixtures.

Potential tenant-caused damage:

• broken doors caused by intentional force;
• large holes deliberately made in walls;
• serious damage caused by negligent conduct;
• unauthorized destruction of fixtures.

This distinction is especially important when determining whether a landlord may lawfully deduct money from a security deposit.

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13. Tenant’s Duty to Use the Property Properly

A tenant generally must use the premises for the purposes permitted by the lease and applicable law.

If an apartment is leased as a residence, the tenant ordinarily cannot transform it into a prohibited commercial operation if the lease or law forbids that use.

Similarly, a tenant may violate the lease by:

• conducting prohibited activities;
• creating unreasonable disturbances;
• damaging the premises;
• violating occupancy restrictions;
• keeping prohibited animals; or
• using the property for unlawful purposes.

The precise limits depend on the lease and governing law.

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14. Tenant’s Duty to Comply With the Lease

The lease is a contract as well as a property instrument.

Therefore, tenants generally must comply with valid lease provisions.

These may address:

• rent;
• pets;
• smoking;
• parking;
• subleasing;
• alterations;
• noise;
• maintenance;
• occupancy;
• insurance; and
• use of common facilities.

Not every lease provision is enforceable.

A contractual provision may be invalid if it violates mandatory law or public policy.

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15. Tenant’s Duty Not to Commit Waste

Tenants can also have obligations under the law of waste.

Waste concerns unreasonable conduct that causes significant harm to property in which another person has a legal interest.

A tenant generally cannot substantially destroy or alter leased property simply because the tenant possesses it.

For example, a tenant may not ordinarily:

• demolish part of a building;
• remove major structural components;
• destroy valuable fixtures; or
• substantially alter the property without authorization.

Waste is particularly important where the tenant’s conduct threatens the landlord’s long-term property interest.

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16. Tenant’s Duty to Report Dangerous Conditions

Tenants often have a practical and sometimes legal duty to notify the landlord of serious defects.

Examples include:

• burst pipes;
• major water leaks;
• electrical hazards;
• broken locks;
• heating failures;
• structural damage; or
• dangerous conditions in common areas.

Prompt reporting can prevent further damage.

It may also affect legal responsibility.

For example, if a tenant discovers a leaking pipe and deliberately ignores it for several weeks, allowing extensive damage to develop, the tenant may face liability that would not have existed had the tenant promptly notified the landlord.

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17. Tenant’s Duty to Permit Lawful Entry

Although the tenant has a right to possession, that right does not necessarily mean the landlord can never enter.

When entry is authorized by the lease or applicable law, the tenant generally must permit reasonable access.

For example, a tenant ordinarily cannot prevent a landlord from performing legally authorized emergency repairs.

The tenant’s right to exclude and the landlord’s right of access therefore coexist.

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18. Tenant’s Duty Concerning Neighbors

A tenant may also have obligations toward other occupants.

A tenant generally should not use the premises in a way that unreasonably interferes with other tenants’ rights.

Examples may include:

• excessive noise;
• repeated dangerous conduct;
• serious disturbances;
• threats;
• unlawful activity; or
• conduct causing substantial damage to neighboring units.

A tenant’s obligations can therefore extend beyond the landlord-tenant relationship.

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19. Landlord Duties vs. Tenant Duties

The following summary provides a useful framework:

Landlord	Tenant
Deliver possession	Pay rent
Maintain required conditions	Care for premises
Comply with housing laws	Follow valid lease terms
Provide required repairs	Report serious defects
Respect quiet enjoyment	Permit lawful entry
Maintain common areas	Avoid waste
Follow lawful eviction procedures	Vacate when tenancy lawfully ends
Comply with fair-housing laws	Respect neighbors and property

These are general principles rather than universal rules. State and local law can significantly modify them.

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20. What Happens When a Landlord Breaches a Duty?

A landlord’s breach can give a tenant several possible remedies, depending on the nature of the violation and applicable law.

Potential remedies include:

• repair-and-deduct remedies where authorized;
• damages;
• rent-related remedies;
• injunctive relief;
• termination of the lease;
• constructive eviction;
• administrative complaints; or
• defenses to an eviction proceeding.

The availability of these remedies varies substantially by jurisdiction.

A tenant should not assume that a landlord’s breach automatically gives the tenant the right to stop paying rent.

That can be legally dangerous.

Whether rent may be withheld, reduced, escrowed, or otherwise affected depends on applicable law.

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21. What Happens When a Tenant Breaches a Duty?

A tenant’s breach may give the landlord legal remedies.

Examples include:

• recovery of unpaid rent;
• damages for property damage;
• termination of the tenancy;
• eviction proceedings;
• recovery of certain costs; or
• enforcement of contractual obligations.

But landlords generally cannot simply ignore legal procedures.

In most jurisdictions, a landlord cannot lawfully respond to a tenant’s breach by using prohibited self-help measures such as changing the locks or physically removing the tenant without following applicable law.

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22. Material Breach

Not every violation has the same legal significance.

A material breach is generally a serious violation that substantially affects the parties’ contractual relationship.

Consider two examples.

Example One: Minor Violation

A tenant occasionally parks in the wrong area for a short period.

Depending on the lease and applicable law, this may be a minor violation.

Example Two: Serious Violation

A tenant repeatedly fails to pay rent.

This is generally much more significant and may provide grounds for termination and eviction.

The distinction between minor and material breaches can affect available remedies.

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23. Constructive Eviction

A landlord does not always have to physically remove a tenant to interfere with possession.

Constructive eviction can occur when the landlord’s conduct or failure to perform required obligations substantially interferes with the tenant’s ability to use the premises and effectively forces the tenant to leave.

For example:

A landlord knowingly allows severe conditions to persist, making the premises effectively unusable, despite the tenant’s proper notice.

If the legal requirements for constructive eviction are satisfied, the tenant may be able to treat the lease as terminated and pursue other remedies.

Constructive eviction is generally more demanding than simply showing that the landlord failed to make a repair.

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24. The Duty of Good Faith

Contract law also commonly imposes a duty of good faith and fair dealing.

This principle can affect landlord-tenant relationships.

A landlord should not, for example, deliberately manipulate contractual provisions for an improper purpose where doing so violates the parties’ legal obligations.

Similarly, a tenant should not intentionally exploit technical provisions of a lease to undermine legitimate contractual expectations.

Good faith does not rewrite the lease.

Instead, it generally regulates how contractual rights are exercised.

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25. Security Deposits

Security deposits are another area where landlord and tenant duties intersect.

A tenant generally must return the property in the condition required by law and the lease, subject to ordinary wear and tear.

The landlord may have a right to use some of the deposit for legally permissible purposes, such as:

• unpaid rent;
• tenant-caused damage; or
• certain other authorized expenses.

However, security-deposit laws frequently impose strict requirements concerning:

• maximum deposit amounts;
• where deposits are held;
• accounting;
• deductions;
• notice;
• deadlines for returning deposits; and
• penalties for improper withholding.

These rules vary by jurisdiction.

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26. Landlord and Tenant Duties During an Emergency

Emergency situations can alter ordinary obligations.

Suppose a major water leak threatens the building.

The landlord may have an immediate duty to take reasonable action to protect the property and occupants.

The tenant may also have a duty to notify the landlord promptly and take reasonable steps to prevent unnecessary damage when possible.

Emergency conditions may also affect:

• entry rights;
• habitability;
• temporary relocation;
• rent obligations;
• insurance;
• termination rights; and
• government intervention.

The precise consequences depend heavily on local law.

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27. Residential vs. Commercial Duties

The duties discussed in this article are particularly important in residential tenancies, where legislation often provides substantial protections for tenants.

Commercial leases are frequently more heavily governed by the parties’ written agreement.

Commercial leases may allocate responsibilities for:

• roof repairs;
• utilities;
• property taxes;
• insurance;
• structural maintenance;
• common areas;
• operating expenses; and
• improvements.

A commercial lease may therefore place responsibilities on the tenant that would not ordinarily be imposed on a residential tenant.

This is one reason lawyers must always examine the actual lease before determining who is responsible for a particular obligation.

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28. Can Landlord and Tenant Change Their Duties by Contract?

Sometimes.

The lease can allocate many responsibilities between the parties.

For example, a lease might provide that the tenant is responsible for maintaining certain appliances or landscaping.

But contractual freedom has limits.

A lease provision may be unenforceable if it conflicts with:

• mandatory housing legislation;
• building codes;
• fair-housing law;
• consumer-protection statutes;
• public policy; or
• other nonwaivable legal protections.

The fact that a tenant signed a provision does not automatically make that provision legally enforceable.

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29. A Practical Example

Imagine that Alice rents an apartment from Bob.

The lease requires Alice to pay $1,500 per month.

During the tenancy:

1. Alice pays rent on time.
2. Alice keeps the apartment reasonably clean.
3. A serious plumbing leak develops.
4. Alice promptly informs Bob.
5. Bob refuses to make the necessary repair.
6. Water damage spreads and the apartment becomes partially unusable.

Several legal questions arise.

Alice’s duties

Alice has generally:

• paid rent;
• cared for the premises;
• notified the landlord of the defect; and
• complied with the lease.

Bob’s potential duties

Bob may have obligations concerning:

• repairing the plumbing;
• preventing further property damage;
• maintaining habitable conditions; and
• respecting Alice’s possessory rights.

The legal question

Whether Bob has breached the lease or statutory duties—and what remedies Alice has—depends on the applicable jurisdiction and the seriousness of the condition.

The important point is that landlord-tenant disputes are rarely analyzed by looking at only one party’s conduct.

The lawyer must identify the duties owed by each side.

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30. How Lawyers Analyze Landlord-Tenant Duties

When analyzing a dispute, a lawyer will often proceed systematically.

Step 1: Identify the tenancy

Is it:

• residential;
• commercial;
• fixed-term;
• periodic;
• at will; or
• another legally recognized arrangement?

Step 2: Read the lease

Identify the contractual provisions concerning:

• rent;
• repairs;
• maintenance;
• access;
• insurance;
• alterations;
• termination; and
• default.

Step 3: Identify statutory duties

Determine which obligations are imposed by applicable landlord-tenant legislation.

Step 4: Determine who controls the relevant condition

This can be critical.

The party responsible for a condition is not necessarily the party who physically caused it.

Step 5: Examine notice

Ask:

• Did the tenant know?
• Did the landlord know?
• When did each party learn of the problem?
• Was proper notice given?

Step 6: Determine whether a breach occurred

Not every inconvenience constitutes a legal breach.

Step 7: Identify available remedies

Possible remedies may include:

• damages;
• repair;
• termination;
• rent-related relief;
• eviction;
• injunctions; or
• other statutory remedies.

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31. Common Mistakes in Landlord-Tenant Law

Mistake 1: Assuming the landlord must repair everything

The lease and applicable law determine the allocation of responsibilities.

Mistake 2: Assuming the tenant can stop paying rent whenever the landlord breaches

Rent withholding is heavily regulated in many jurisdictions.

Mistake 3: Assuming the landlord can enter whenever desired

A landlord’s ownership interest does not eliminate the tenant’s possessory rights.

Mistake 4: Treating all damage as tenant responsibility

Ordinary wear and tear is different from tenant-caused damage.

Mistake 5: Ignoring the lease

The written lease can contain important contractual obligations.

Mistake 6: Ignoring statutes

Mandatory landlord-tenant rules may override contractual provisions.

Mistake 7: Assuming commercial and residential leases work identically

They often do not.

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32. Key Takeaways

• A lease creates reciprocal legal duties between landlord and tenant.
• Landlords generally have duties concerning possession, maintenance, habitability, lawful entry, and compliance with housing law.
• Tenants generally must pay rent, care for the premises, comply with valid lease terms, and avoid waste.
• The covenant of quiet enjoyment protects the tenant’s possessory interest.
• Residential tenants may benefit from an implied warranty of habitability.
• Tenants generally should promptly report serious defects.
• Landlords must generally follow legal procedures when enforcing their rights.
• A lease cannot necessarily waive mandatory statutory protections.
• Commercial leases may allocate responsibilities very differently from residential leases.
• The precise duties and remedies depend heavily on state and local law.

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33. Frequently Asked Questions

What is the landlord’s most important duty?

A landlord’s fundamental duties generally include delivering possession, respecting the tenant’s right to quiet enjoyment, maintaining legally required conditions, and complying with applicable housing laws.

What is the tenant’s most important duty?

The tenant’s primary duty is generally to pay rent as required by the lease, together with the obligation to use and care for the premises properly.

Is a landlord responsible for all repairs?

No. Responsibility depends on the lease, applicable statutes, the type of property, and the nature of the repair.

Can a tenant refuse to pay rent because the landlord failed to make repairs?

Not automatically. Rent withholding and similar remedies are governed by jurisdiction-specific rules. A tenant should determine what the applicable law permits before withholding rent.

Can a landlord enter a rented apartment whenever they want?

Generally not. A landlord’s right to enter is subject to the tenant’s possessory rights and applicable notice and access rules, except where emergencies or other legal grounds apply.

What is quiet enjoyment?

Quiet enjoyment is the tenant’s right to possess and use leased premises without substantial unlawful interference.

What is the implied warranty of habitability?

It is a legal principle recognized in many residential-tenancy jurisdictions requiring landlords to provide premises meeting minimum standards of health and safety.

What is the difference between wear and tear and tenant damage?

Ordinary wear and tear results from normal use and aging. Tenant damage generally results from unreasonable, negligent, intentional, or otherwise improper conduct.

Can a lease eliminate all landlord duties?

No. Although parties can allocate many responsibilities by contract, mandatory statutory duties and public-policy protections may limit what the lease can legally waive.

Why is landlord-tenant law both property law and contract law?

Because the tenant receives a possessory interest in real property, while the lease simultaneously creates contractual promises concerning rent, maintenance, performance, and termination.

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Conclusion

Landlord-tenant law is built around a continuing exchange of possession, payment, performance, and responsibility.

The landlord transfers a possessory interest to the tenant but retains important rights and obligations concerning the property. The tenant receives the right to possess and use the premises but assumes corresponding duties to pay rent, care for the property, and comply with valid legal and contractual requirements.

The most important analytical principle is that neither party’s rights exist in isolation.

A landlord’s ownership does not eliminate the tenant’s possessory rights. A tenant’s possession does not eliminate the landlord’s ownership and contractual rights. Both parties operate within a framework created by the lease, property law, contract law, statutes, regulations, and public policy.

For that reason, a landlord-tenant dispute should never be reduced to the simple question, “Who owns the property?”

The better question is:

What duties does the law impose on each party, what does the lease require, and did either party breach those obligations?

That framework provides the foundation for understanding repairs, habitability, rent disputes, eviction, quiet enjoyment, security deposits, assignment and subleasing, and the many other issues that arise in landlord-tenant law.