Landlord-Tenant Glossary
Plain-English definitions of the legal terms renters and landlords run into, from unlawful detainer to writ of possession. State-specific rules are on each state page.
Abandoned property · Answer · Assistance animal · Cash for keys · Constructive eviction · Default judgment · Detainer warrant · Dispossessory · Fair market rent (FMR) · Forcible entry and detainer (FED) · Habitability · Holdover tenant · Housing Choice Voucher · Implied warranty of habitability · Itemized statement · Just cause eviction · Lease · Lockout · Month-to-month tenancy · Normal wear and tear · Notice to pay or quit · Notice to quit · Quiet enjoyment · Rent control / rent stabilization · Rent escrow · Repair and deduct · Retaliation · Right to counsel · Security deposit · Self-help eviction · Source of income protection · Squatter · Sublease · Summary possession · Tenancy at will · Unlawful detainer · Writ of possession / writ of restitution
- Abandoned property
- Belongings a tenant leaves behind after moving out or being evicted. Many states require written notice and a storage period before a landlord may sell or discard them.
- Answer
- The tenant's formal response to an eviction lawsuit. Some courts require a written answer by a deadline; others only require the tenant to appear at the hearing.
- Assistance animal
- A service animal or emotional support animal that a person with a disability needs. Under the federal Fair Housing Act, landlords generally must allow them as a reasonable accommodation even with a no-pets rule.
- Cash for keys
- An agreement where a landlord pays a tenant to move out by a set date instead of going through a full eviction case.
- Constructive eviction
- When a landlord's actions or failure to make serious repairs make a home unlivable, so the tenant is effectively forced out. In many states it can let a tenant end the lease.
- Default judgment
- A court ruling against a party who does not respond or show up. In eviction cases, tenants who miss the hearing usually lose by default.
- Detainer warrant
- The name used in some states (such as Tennessee) for the court papers that start an eviction case.
- Dispossessory
- Georgia's term for an eviction case; the landlord files a dispossessory affidavit in magistrate court.
- Fair market rent (FMR)
- HUD's yearly estimate of typical rent in an area, used to set Housing Choice Voucher (Section 8) payment levels.
- Forcible entry and detainer (FED)
- The legal name for an eviction case in many states, such as Arizona, Colorado and Oregon.
- Habitability
- The legal requirement that rental housing be fit to live in: safe structure, working heat, plumbing and electricity, and compliance with health and building codes.
- Holdover tenant
- A tenant who stays after the lease ends. Depending on the state and whether rent is accepted, the tenancy may continue month to month or the landlord may file to evict.
- Housing Choice Voucher
- The federal Section 8 program that pays part of a low-income tenant's rent directly to a private landlord.
- Implied warranty of habitability
- A habitability duty courts read into every residential lease even when the lease doesn't say it.
- Itemized statement
- The written list of deductions a landlord must give when keeping part of a security deposit, in most states.
- Just cause eviction
- A rule that allows a landlord to end a tenancy only for reasons listed in the law, such as nonpayment or a serious lease violation. Some states and many cities have it.
- Lease
- A rental agreement, written or oral, that sets the rent, the term and the rules for a tenancy.
- Lockout
- When a landlord changes the locks or blocks a tenant from the home without a court order. It is illegal in virtually every state.
- Month-to-month tenancy
- A tenancy with no fixed end date that renews each month until one side gives proper written notice.
- Normal wear and tear
- The ordinary decline of a unit from everyday use, such as faded paint or light carpet wear. Landlords generally can't deduct for it from a deposit.
- Notice to pay or quit
- A written notice telling a tenant to pay overdue rent by a deadline or move out. It is usually the first step in a nonpayment eviction.
- Notice to quit
- A written notice that a tenancy is ending and the tenant must leave by a certain date.
- Quiet enjoyment
- A tenant's right to use and enjoy the home without unreasonable interference by the landlord.
- Rent control / rent stabilization
- Local or state laws that limit how much and how often rent can rise. Many states prohibit it; some cities and a few states have it.
- Rent escrow
- A process in some states where the tenant pays rent to a court or escrow account, instead of the landlord, until required repairs are made.
- Repair and deduct
- A remedy in some states letting a tenant fix a serious problem after notice and subtract the cost from rent, within set limits.
- Retaliation
- A landlord raising rent, cutting services or evicting because a tenant complained about conditions or used a legal right. Most states prohibit it.
- Right to counsel
- A guarantee that eligible tenants facing eviction get a free lawyer. Some states and cities provide it.
- Security deposit
- Money a tenant pays at move-in to cover unpaid rent or damage beyond normal wear and tear. It still belongs to the tenant, subject to allowed deductions.
- Self-help eviction
- A landlord trying to force a tenant out without a court order, for example by lockout or shutting off utilities. It is illegal in virtually every state.
- Source of income protection
- A fair-housing rule that bars landlords from refusing tenants because they pay with vouchers or other lawful income.
- Squatter
- Someone who occupies property without ever having the owner's permission. A tenant who stopped paying is not a squatter.
- Sublease
- When a tenant rents all or part of the unit to someone else. Many leases require the landlord's consent.
- Summary possession
- Hawaii's term for an eviction case; also used generally for the fast court process to regain possession.
- Tenancy at will
- A tenancy with no fixed term that either side can end with notice set by state law.
- Unlawful detainer
- The legal name for an eviction case in many states, including California, Virginia and Washington.
- Writ of possession / writ of restitution
- The court order, issued after the landlord wins, that lets a sheriff or other officer remove the tenant.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.