The landlord tenant is under the Civil Law. It is part of the common law that stipulates the rights and duties of tenants and landlords. The law serves the two elements of real property law through conveyances and the contract law. A contract is entered between the landlord and tenant the moment the tenant signs the rent agreement and decides to occupy the space. The tenant is put in possession of the house, but ownership rights are reserved to the landlord. Rent law clearly distinguishes between a commercial and residential tenancy (Kerr & Alastair,33). Commercial rental is more sensitive compared to residential given the aspect of goodwill an intangible asset that arises from business operations.
A housing tenancy is a contract for individual or groups to live or reside in the rented space. This kind of lease is afforded more rights and protection than a commercial tenancy. The state assumes that the tenant lacks the necessary bargaining power. Commercial rental is for business use such as office, industrial, retailing or for manufacturing purposes. They enjoy few consumer protections unlike in the residential tenancy. The law obliges the landlord to deliver the possession on a timely basis; he should ensure the tenant enjoys his right to possession quietly without direct or indirect interference (Allan & Michael, 12-14). The owner should ensure the premise remains habitable for the period the tenant is there. In the case of violation these laws the tenant is entitled to the remedies of; constructive eviction, relieve from paying rent, retaliatory eviction, monetary remedies for physical damages.
Rent law may be made by the national government or the local government to ensure quality housing and affordability. There is comprehensive rent legislation that guides the real estate business within an integrated economic system such as the European Union. The system of rent regulation entails; price controls through rent control to prevent consumer exploitation. It puts a limit upon which landlords should not exceed the standard rent. The law sets standards upon which a Landlord may terminate a tenancy; this is done to prevent unfair dismissal. An owner is obligated to maintain the premises adequately, and the tenant should ensure the premises is well maintained (Elbert et al, 81). Rent law has a provision for the office of the Ombudsman which is an independent regulator that oversee both the landlord and the tenant.
Kerr, Alastair J. Tenancy Law Reform: The Community Speak. Durban: LexisNexis Butterworths, 2013. Print.
Allan, Michael W. Private Residential Tenancy Law. Durban: Butterworths, 2015. Print.
Eberts, Marjorie, and Margaret Gisler. Law. Lincolnwood, Chicago, Ill: VGM Career Horizons, 2015. Print.