Landlord-tenant law is what governs the rental of residential and commercial property. It is mainly composed of common law and state statutory law. While states have specific laws regarding these transactions, there are also federal statutory laws that may factor in during times of regional or national emergencies to prevent certain forms of discrimination.
Understanding San Francisco Landlord-Tenant Law
The basis of a legal relationship between a tenant and landlord is grounded in both property and contract law. The tenant holds a property interest in the land for a specified amount of time. The tenancy length can be given for a set period of time, an indefinite amount of time, terminable at any time by either party, or at sufferance if the tenancy agreement is terminated by the tenant doesn’t leave.
According to San Francisco landlord-tenant law, when a tenant holds tenancy of a rental property, they have the right to possess the land, to restrict anyone else, which includes the landlord, from entering it, and to assign or sublease the property. The landlord-tenant agreement can be used to limit or eliminate these rights. In most cases, the landlord-tenant agreement is embodied within a lease, which is a document that is essentially a contract between the parties.
Information about the Lease
The provisions contained in a lease are typically regulated by statutory law. All leases basically provide the tenant with the ability to use the property as seen fit with possession not being disturbed by someone with a legal title to the land, which includes the landlord.
Why is the Landlord-Tenant Law so Important?
These laws are specifically designed to protect both parties and to outline the rights and responsibilities of each. When everything is in writing, disagreements can typically be easily settled by referencing the agreement that was signed.
To learn more about San Francisco landlord-tenant law, contact Elke & Merchant LLP by calling 415-294-4111.