A specific tenant is an individual who leases or occupies a piece of land or property for a defined period or under specific terms. They have certain obligations and entitlements as a tenant, including paying rent and upkeeping the property. This term encompasses various types of tenants, such as holdover tenants who remain on the property after their lease ends, or life tenants who have the right to use the property for their lifetime.
A specific tenant refers to an individual who holds or occupies lands or properties through various rights or titles. This can include: a tenant who holds based on the custom of the manor, a person who benefits from an easement due to holding a dominant estate, someone who remains in possession of real property after a previous tenancy expires (resulting in a tenancy at sufferance), and a tenant with a limited estate taken out of a fee. For instance, a tenant with a lease on an apartment is considered a specific tenant, as they have the right to occupy the apartment for the duration of their lease. Another example is a tenant with a limited estate in a piece of land, such as a life estate, who has the right to possess and utilise the land for the duration of their limited estate.
No, a landlord cannot evict a tenant without a valid reason. They must have a legal basis such as non-payment of rent, violation of lease terms, or property damage.
Generally, a landlord cannot increase the rent during the lease term unless there is a specific provision in the lease agreement allowing for rent increases.
Tenants have the right to a habitable living space, which includes necessary repairs and maintenance. Landlords are typically responsible for ensuring the property is in good condition and addressing any necessary repairs.
In some cases, a tenant may be able to withhold rent if the landlord fails to make necessary repairs after being notified. However, it is important to follow proper legal procedures and consult with an attorney before taking this action.
Generally, a landlord must provide notice and obtain the tenant’s consent before entering the rental property, except in emergency situations. The specific notice requirements may vary by jurisdiction.
Whether a tenant can sublet the rental property depends on the terms of the lease agreement. Some leases prohibit subletting, while others may allow it with the landlord’s consent.
A landlord can only keep the security deposit for specific reasons outlined in the lease agreement or state laws. These reasons typically include unpaid rent, damages beyond normal wear and tear, or cleaning fees.
Breaking a lease early without penalty is generally not allowed unless there are specific provisions in the lease agreement or state laws that allow for early termination under certain circumstances, such as military deployment or domestic violence.
No, landlords cannot discriminate against tenants based on protected characteristics such as race, religion, gender, disability, or familial status. Fair housing laws prohibit such discrimination.
In certain situations, a tenant may be able to sue a landlord for negligence if they can prove that the landlord’s actions or lack of action caused harm or injury. However, it is advisable to consult with an attorney to assess the specific circumstances and legal options.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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