Land Laws

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Institution/Affiliation

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The issues regarding evictions and rent raises have increasingly gained popularity as a very contentious subject about the relationship between landlords and tenants.  According to Haley (2012, pp. 119) tenants have raised concern to the relevant authorities against landlords concerning illegal evictions and rent increases. However, on the other hand, landlords have made various complaints about example; they argue that offering rental services to troublesome tenants prove to be a very costly exercise. It is advisable that tenants familiarize themselves with the available land laws so that to successfully protect themselves from housing law violations as such they will be able to act whenever it is necessary. It is significant to recognize that there are land laws that offer protection to tenants, for example, the landlord-tenant law is very articulate regarding the rental of residential property, and the law is constituted by common law as well as state statutes. Land laws require that the primary foundation of any legal relationship between a tenant and landlord should be found on both property law and contract. The current land laws in the United States provide adequate protection to residential tenants against illegal eviction and rent rises.

In reality, tenants have often asked what are their legal options and rights when the landlord decided to increase the rent to an extent the tenant can no longer sustain the stipulated rent rates. However, according to Di Robilant (2014, pp. 373), the landlord-tenant law is evident as it specifies that the rent can only be increased by the landlord if they abide by the law and follow the right procedure. Land laws require that for a tenant to increase the rent of a residential property, and then he/she should terminate the old lease and establish another lease that will include the rent increase. For that reason, it is unconscionable for a landlord to do a rent increment. Besides, the land laws also protect the tenants that reside in areas that have rent control, as such an increase in residential property rent should be within the stipulated limits of the enacted rent control ordinance. As a result, a landlord is required by the law to use the right channels so that to enact a rent increase on property.

The Anti-Eviction Act stipulates that under no circumstances should a tenant be forced to pay an increased rent that can be characterized as unconscionable, depicting that the increase is unreasonable. Nonetheless, it is imperative to state that unconscionability does not apply in all circumstances as it does not cover tenants who reside in areas that are managed under the provisions of a rent control ordinance. Fogelson (2013, pp. 321) asserts that in such conditions rent increase is monitored and controlled by the rent control limits. Additionally, the federal law is very specific, as it stipulates that tenants who live in subsidized housing will only pay an increased rent that has been determined under the provisions of the law. The eviction law states that is a tenant believes the rent increase is unconscionable then he/she is under no obligation to pay, as such he/she is entitled to the right to refuse to pay the rent increase. As a result, the landlord may decide to sue the tenant because of nonpayment of an increase in the rent amount. Nonetheless, the tenant can argue that the increase is unconscionable before the court of law...