| Real estate
law is the name given to the branch of civil law that covers
rights to possess, use, and enjoy land and the permanent manmade
additions attached to it. This includes the capacity to hold
interests in real property, permissible interests in real
property, relations between owners, relations between owners
and the community, landlord and tenant relations, the transfer
of interests in real property, and real property financing,
including deeds and mortgages. Real estate transactions, such
as purchases, sales, and leases, are governed by a wide body
of federal and state law, and the requirements established
by state law often differ from state to state.
Tenant rights and landlord disputes typically
are governed by state property and contracts law. A lease
or a rental agreement defines the length of the rental term,
the price paid, penalties for late payments, and the amount
of notice required before either the landlord or the tenant
can cancel the lease. The landlord law invokes the duty to
maintain the property in a reasonably safe condition in view
of all the circumstances. Additionally, state or local landlord
tenant law sets the requirements for evicting a tenant, which
may occur for only a limited number of reasons before the
tenancy expires.
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