Landlord-Tenant Glossary

62 legal terms explained in plain language. Understand every clause in your lease, eviction notice, or rental agreement.

A B C D E F G H I J L M N O P Q R S T U V W

A

Abandonment: When a tenant vacates a rental property without notice and stops paying rent, potentially before the lease term ends. State laws define the timeframe and conditions under which a landlord may consider a property abandoned and reclaim possession.
Acceleration Clause: A lease provision that requires the tenant to pay all remaining rent for the lease term if they default (e.g., miss a payment). Courts in many states limit enforceability of this clause.
Addendum: A document added to an existing lease that modifies or supplements the original terms. Common addendums include pet policies, parking, lead paint disclosures, and Section 8 provisions. Must be signed by all parties.
Assignment: The transfer of a tenant's entire interest in a lease to a new tenant. Unlike subleasing, the original tenant typically gives up all rights to the property. Most leases require landlord consent for assignments.
At-Will Tenancy: A rental arrangement with no fixed end date that continues until either the landlord or tenant gives proper notice to terminate. Also called month-to-month tenancy in many states.

B

Breach of Lease: A violation of any term or condition of the lease agreement by either the landlord or tenant. Common breaches include non-payment of rent, unauthorized occupants, property damage, and failure to maintain habitable conditions.

C

Constructive Eviction: When a landlord's actions (or inactions) make the property uninhabitable, effectively forcing the tenant to move out. Examples include failing to repair heating, tolerating severe pest infestations, or removing essential services. The tenant may be relieved of lease obligations.
Cure or Quit Notice: A notice from the landlord giving the tenant a specified number of days to fix ("cure") a lease violation or move out ("quit"). The notice period varies by state and violation type.

D

Default: The failure to fulfill a legal obligation under the lease. Tenant defaults commonly include non-payment of rent or violating lease terms. Landlord defaults include failing to make repairs or violating tenant rights.
Demised Premises: The specific property or portion of property being rented to the tenant, as described in the lease agreement. This term defines exactly what space the tenant has the right to use.

E

Escrow: An account where funds (typically security deposits or disputed rent) are held by a neutral third party. Many states require landlords to hold security deposits in separate escrow accounts, sometimes interest-bearing.
Estoppel Certificate: A signed statement by a tenant confirming the terms of their lease, the amount of rent, and any claims they may have against the landlord. Often requested when a property is being sold or refinanced.
Eviction: The legal process by which a landlord removes a tenant from a rental property. Requires proper notice and, in most cases, a court order. Self-help evictions (changing locks, removing belongings) are illegal in all states.

F

Fair Housing Act: Federal law (42 U.S.C. § 3601 et seq.) prohibiting discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. Many states and localities add additional protected classes.
Fair Market Value: The price a property would command on the open market between a willing buyer/renter and a willing seller/landlord, with both parties having reasonable knowledge of relevant facts.
Fixed-Term Lease: A lease with a specific start and end date (e.g., 12 months). Neither party can terminate early without cause unless the lease includes an early termination clause. At expiration, it may convert to month-to-month.

G

Grace Period: The number of days after rent is due before a late fee can be charged. Some states mandate grace periods (e.g., 5 days in New York, New Jersey). Others have no requirement, though many landlords include one in the lease.
Gross Lease: A lease where the landlord pays all property expenses (taxes, insurance, maintenance) and the tenant pays a flat rent amount. Common in residential rentals. Opposite of a net lease.
Guarantor (Co-Signer): A person who agrees to be financially responsible for a tenant's lease obligations if the tenant fails to pay. The guarantor is jointly and severally liable for rent, damages, and other costs. Common when tenants have limited credit history.

H

Habitable: Meeting the minimum standards for human occupation as defined by housing codes. Requires working plumbing, heating, electricity, structural integrity, and freedom from serious health hazards. Landlords have an implied warranty of habitability in most states.
Holdover Tenant: A tenant who remains in the property after their lease has expired without the landlord's explicit permission. The landlord may either accept rent (creating a new tenancy) or begin eviction proceedings.

I

Implied Warranty of Habitability: A legal doctrine (recognized in most states) requiring landlords to maintain rental properties in livable condition, regardless of what the lease says. Tenants may have remedies like rent withholding or repair-and-deduct if violated.

J

Joint and Several Liability: When multiple tenants sign a lease, each tenant is individually responsible for the full rent and all lease obligations — not just their "share." If one roommate doesn't pay, the landlord can pursue any or all remaining tenants for the full amount.

L

Late Fee: A charge assessed when rent is not paid by the due date (or after any grace period). State laws vary widely on maximum late fees — some cap them at a percentage of rent, others require them to be "reasonable."
Lead-Based Paint Disclosure: A federally required disclosure (under Title X, Section 1018) for all housing built before 1978. Landlords must inform tenants of known lead paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."
Lease: A legally binding contract between a landlord and tenant that outlines the terms of the rental arrangement, including rent amount, duration, rules, and responsibilities of each party. Can be written or oral (though written is strongly recommended).
Lease Renewal: An agreement to extend a lease for an additional term. May involve updated terms such as rent increases. Some states require landlords to offer renewal to tenants or provide advance notice if not renewing.
Lessee: The tenant — the person who rents property from the landlord (lessor) under a lease agreement.
Lessor: The landlord — the owner or agent who rents property to a tenant (lessee) under a lease agreement.
Lien: A legal claim against property to secure payment of a debt. A landlord's lien gives the landlord a claim on a tenant's personal property to secure unpaid rent. Varies significantly by state.

M

Material Non-Compliance: A significant lease violation by either party that goes to the heart of the rental agreement. Non-payment of rent, creating health/safety hazards, or failure to maintain the property are typical examples.
Mitigation of Damages: The legal duty of a landlord to make reasonable efforts to re-rent a property after a tenant breaks the lease, rather than holding the tenant liable for the full remaining rent. Required in most states.
Month-to-Month Tenancy: A rental agreement that automatically renews each month until either party gives proper notice to terminate. Provides flexibility but less stability than a fixed-term lease. Notice periods are typically 30 days.

N

Net Lease: A lease where the tenant pays base rent plus some or all property expenses (taxes, insurance, maintenance). More common in commercial leases. Variations include single net, double net, and triple net (NNN).
Normal Wear and Tear: The natural deterioration of a property that occurs through ordinary, everyday use. Examples: minor scuffs on floors, small nail holes, faded paint. Cannot be deducted from the security deposit. Distinguishing this from "damage" is a common dispute.
Notice to Quit: A formal written notice from the landlord informing the tenant that they must vacate the property within a specified period. Required before filing an eviction lawsuit. Duration varies by state and reason for eviction.

O

Occupancy Standards: Rules limiting the number of people who can live in a rental unit. HUD generally considers 2 people per bedroom as reasonable. Local codes may differ. Must comply with Fair Housing Act regarding familial status.

P

Pay or Quit Notice: A notice giving the tenant a specified number of days to pay overdue rent or vacate. This is typically the first step in the eviction process for non-payment. Notice periods range from 3 to 14 days depending on the state.
Periodic Tenancy: A tenancy that automatically renews at regular intervals (weekly, monthly, yearly) until proper notice is given. A month-to-month lease is the most common type of periodic tenancy.
Premises: The property being rented, including the dwelling unit and any common areas, parking spaces, or storage units included in the lease.
Prorate: To divide a cost proportionally. Commonly used for rent when a tenant moves in or out mid-month. Calculated as: (monthly rent ÷ days in month) × days occupied.

Q

Quiet Enjoyment: A tenant's right to use and enjoy the rental property without unreasonable interference from the landlord or others. Includes protection from excessive landlord visits, noise from construction ordered by the landlord, and harassment.

R

Rent Abatement: A reduction or elimination of rent, usually granted when the property becomes partially or fully uninhabitable. May be ordered by a court or negotiated between landlord and tenant.
Rent Control: Government regulations that limit how much a landlord can charge for rent or increase rent. Currently exists in some form in California, New York, Oregon, New Jersey, Maryland, and Washington, D.C., plus some individual cities.
Rent Escrow: A legal procedure where a tenant deposits rent with the court instead of paying the landlord, typically when the landlord has failed to make necessary repairs. Available in many states as a remedy for habitability violations.
Repair and Deduct: A tenant remedy (available in many states) that allows a tenant to pay for necessary repairs and deduct the cost from rent when the landlord fails to address serious maintenance issues within a reasonable time after written notice.
Retaliatory Eviction: An eviction attempted by a landlord in response to a tenant exercising legal rights (filing complaints, joining tenant organizations, requesting repairs). Illegal in most states, with presumption periods typically of 6-12 months.
Right of Entry: The landlord's legal right to enter the rental property for specified purposes (repairs, inspections, showings). Most states require advance notice (commonly 24-48 hours) and entry during reasonable hours, except in emergencies.

S

Section 8 / Housing Choice Voucher: A federal housing assistance program administered by local housing authorities. Eligible tenants receive vouchers that pay a portion of rent directly to the landlord. Some states require landlords to accept vouchers (source of income protection).
Security Deposit: Money paid by the tenant at move-in, held by the landlord as protection against unpaid rent or property damage. State laws strictly regulate the maximum amount, holding requirements, and return timeline.
Self-Help Eviction: Illegal actions by a landlord to force a tenant out without going through proper court proceedings. Includes changing locks, shutting off utilities, removing doors/windows, or moving the tenant's belongings. Prohibited in all 50 states.
Source of Income Protection: Laws that prohibit landlords from refusing to rent to tenants because they use housing vouchers, disability payments, or other forms of government assistance to pay rent. Currently law in many states and cities.
Sublease (Sublet): An arrangement where the original tenant rents all or part of the property to another person (subtenant). The original tenant remains liable to the landlord. Most leases require landlord consent to sublease.

T

Tenancy at Sufferance: Occurs when a tenant stays in the property after the lease expires without the landlord's consent. The landlord has the right to evict but may also accept rent to create a new periodic tenancy.
Tenant Screening: The process landlords use to evaluate prospective tenants, typically including credit checks, background checks, income verification, and rental history. Must comply with Fair Housing Act and state screening fee laws.
Triple Net Lease (NNN): A lease where the tenant pays rent plus all three categories of property expenses: property taxes, insurance, and maintenance. Most common in commercial real estate.

U

Unconditional Quit Notice: A notice requiring the tenant to vacate without the option to cure the violation. Typically used for repeated lease violations, illegal activity, or serious damage. Available and notice periods vary by state.
Unlawful Detainer: The legal term for an eviction lawsuit in many states. Filed by the landlord after proper notice has been served and the tenant has not complied. The court process to legally remove a tenant.

V

Vacancy Rate: The percentage of rental units in a market that are unoccupied. A key metric for landlords when setting rent prices and for investors evaluating markets.

W

Waiver: The voluntary giving up of a legal right. If a landlord repeatedly accepts late rent without enforcing the late fee clause, a court may find the landlord has "waived" the right to charge late fees. Many leases include non-waiver clauses.
Warranty of Habitability: See Implied Warranty of Habitability. The landlord's obligation to keep the rental property in a condition fit for human habitation, including working utilities, pest control, and structural safety.
Writ of Possession: A court order directing a sheriff or marshal to physically remove a tenant from the property. Issued after the landlord wins an eviction judgment and the tenant fails to vacate voluntarily. The final step in the eviction process.

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