Sunday, July 28, 2019
Landlord and Tenant Law Essay Example | Topics and Well Written Essays - 500 words
Landlord and Tenant Law - Essay Example d be kept in mind that the cited act does not deal with the agreements executed relating to the properties meant for commercial, industrial, agriculture utilization and other than the residential properties (Hill, 1995). The relationship between the landlord and tenant establish that the landlord has entrusted the rights to use the property for the specified purpose. For centuries the landlord restricted to give the rights to the tenant to use the property whereas according to English law, a Landlord bound to put the tenant in its place of tenancy to live in (Casner, et al., 2004). In the present day scenario the landlord and tenant relationship consider above the simple conveyance of lease. In two modern states of the world (America and England) it is the bounden duty of landlord to ensure possession of land or property to the tenant at the start of lease. The thought behind the peaceful possession of the property to the new tenant is just to pursue the wrong full possession of the earlier tenant by way of legal means or otherwise. In the United States of America leases have implied covenant of peaceful enjoyment. In other words the tenant enjoys complete immunity from landlord (Hill, 1995). In accordance with the above law, tenant has the right to offer constructive eviction to the landlord provided the tenant has not paid the amount of tenancy regularly. In line with the constructive eviction no one can occupy the place of tenancy for an indefinite period of time (Casner, et al., 2004). In accordance with the Kansas Residential Landlord and Tenancy Act is concerned, If owner of the property could not hand over the possession to the tenant in line with the mentioned act, the rent will not be payable to the landlord until and unless the tenant gets the possession of the premises (Residential Landlord and Tenant Act, 2004). As per act, written five day notice to landlord will suffice to terminate the rental agreement. Accordingly landlord is bound to refund
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