Employer provided living accommodations may or may not create a landlord-tenant relationship. In many jurisdictions courts have held that housing provided incidental to employment does not create a landlord-tenant relationship.[1] Continue reading
Author Archive: Travis Eller
Landlord Liability for Snow and Ice
Landlord liability for snow and ice accumulation varies by jurisdiction. There are at least two established rules.
Under the older natural accumulation rule, or the Massachusetts rule, landowners have no duty to protect invitees from conditions caused by natural accumulations of snow or ice.[1]
On the other hand, the rule known as the Connecticut rule requires landlords to keep common areas in a safe condition regardless of the cause of the danger. The landlord is not the guarantor of tenants’ safety and therefore a tenant may be required to show the landlord had actual or constructive knowledge of the dangerous condition and failed to fix the condition within a reasonable amount of time. [2]
The duty of the landlord being to exercise reasonable care to prevent the occurrence of defective or dangerous conditions in the common approaches, the fact that a particular danger arose from the fall of snow or the freezing of ice can afford no ground of distinction. Indeed, the causes which are at work to produce it are no more natural causes than are those which, more slowly, bring about the decay of wood or the rusting of iron. To set apart this particular source of danger is to create a distinction without a sound difference.
Reardon v. Shimelman, 102 Conn. 383 at 388, 128 A. 705, 39 A.L.R. 287 (1925).
This is not a substitute for legal advice. For more information about the duty of the landlord to keep the premises safe from snow and ice accumulation in a particular location and under particular circumstances consult an attorney.
[1] The traditional position and its name stem from Woods v. Naumkeag Steam Cotton Co., 134 Mass. 357, 45 Am. Rep. 344 (1883). See also 62A Am. Jur. 2d Premises Liability § 699 (1990 & Supp. 1995) (discussing landowners’ responsibility for snow or ice both on adjacent public sidewalks and on private premises).
[2] Geise v. Lee, 84 Wn.2d 866, 529 P.2d 1054 (1975) (imposing the duty on mobile home park owners to keep the driveways between the homes safe for pedestrian traffic where snow and ice created dangerous conditions)
Rent Provisions
Preferably a tenancy will be defined by the parties in a written lease or rental agreement. Careful consideration should be given to the rent provisions.
Options to Purchase
An option to purchase is an irrevocable offer to sell upon specified terms during a specified period. A landlord and tenant may enter into an option to purchase within the terms of a lease.[1]
Landlords Beware
Don’t believe everything you read. There is bad advice for landlords on the web. Some of the advice is really, really bad.
First and foremost, landlord-tenant law varies greatly by jurisdiction. What is sound practice in one state may be completely illegal in the next.
Recent D.C. Opinion on Lease and Option
In a recent opinion the Chancery Court of the District of Columbia considered what it characterized as an “unusual” and even “bizarre” question:
Does the contract law of the District of Columbia require the owner of a building to accept a lease that no reasonable lessor would ever sign simply to facilitate the lessee’s exercise of a contractual option to purchase the building?
The option holder sought specific enforcement of an option contract. The owner argued that to exercise the option the option holder had presented a lease that no reasonable lessor would ever sign. The owner counterclaimed for an alleged lost opportunity to sell the property to a third person.
The court denied both parties requested relief.
Essential Lease Terms
A lease may be formed by a meeting of the minds as to the essential terms even in the absence of a formal, signed lease document.[1]
Landlords and Lead Based Paint
Upon sale or leasing of residential property built before 1978 the seller or lessor must comply with federal lead based paint disclosure requirements.[1] Failure to comply with these requirements may result in substantial fines. Even minor deviation from the required language may result in penalties as high as $11,000 per violation.[2]
Section 8 Tenants and Federal Fair Debt Collections Law
In an important decision the New Jersey Court of Appeals held that landlords and their attorneys violated the Fair Debt Collections Practices Act (FDCPA) by demanding in eviction pleadings more rent than allowed under both state and federal law.[1]
The lease in question defined late fees and other charges as additional rent. The court held both the landlord and its attorney violated both state and federal law by demanding an amount that included the additional amounts as rent.
The case is important because it has implication for landlords in every American jurisdiction, not just New Jersey. Several courts have held that attorneys who regularly perform evictions for landlords are debt collectors for the purposes of the FDCPA.[2] And although evictions are brought through state law processes, the Section 8 program is governed by federal law. [3]Continue reading
All Eviction Notice Forms are Not the Same
All eviction notice forms are not the same. It really does matter in what state or jurisdiction the rental property is located.
Some states require 7 days notice to the tenant for failure to pay rent. Many require 3 days notice. Some none.
Even within a state local county or city landlord-tenant law may change the eviction notice form requirements. For example, in Seattle just cause eviction ordinances must be complied with and arguably change the eviction notice form requirements. In Tennessee, an eviction notice may be a prerequisite to bringing an eviction in some metropolitan areas, but not in a more rural county.
When in doubt consult a landlord-tenant attorney in your area.