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1 ARE 306Unit 15 Tenancies. 2 Definitions l Lessee l Lessor l Rent.

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Presentation on theme: "1 ARE 306Unit 15 Tenancies. 2 Definitions l Lessee l Lessor l Rent."— Presentation transcript:

1 1 ARE 306Unit 15 Tenancies

2 2 Definitions l Lessee l Lessor l Rent

3 3 Elements of a landlord- tenant relationship l Contract l Provision for payment of rent l Transfer of estate l Possession & control in tenant l Reversion in landlord l Real estate

4 4 Other relationships distinguished l Employment l Partnership l License

5 5 Statute of frauds l 3 years from date of making lease Lease must be in writing to be enforceable

6 6 Recording l Registrar of deeds in county where property located l Affords priority to tenant

7 7 Classification l Year to year l For years or for a term l At will l At sufferance l Share lease

8 8 Notice to quit l Year to year c.l. 6 months NC 1 month l Month to month 7 days l Week to week 2 days

9 9 Notice to quit l Rental space for a manufactured home 30 days l As specified in the lease l For years or for a term No renewal l At will & At sufferance None*

10 10 Duties of tenant l Pay rent l Do not commit waste l Reasonable use l Farm in husband-like manner l Avoid exhaustion of the soil l Make repairs

11 11 Risk of loss l C.L. - with the tenant l Commercial & Ag. - defined by the terms of the lease l Residential - defined by statute

12 12 Crop ownership

13 13 Right to sue/liability for injuries

14 14 Assignments & sublets

15 15 Eviction

16 16 Fixtures

17 17 Farm program payments

18 18 Residential leases l Residential Rental Agreements Act l No retaliatory eviction l Application Hotels & motels regulated by the Commission for Health Services Dwellings provided w/o charge exempt Mobile homes covered

19 19 Duties of the landlord l Provide fit premises l Comply w/ building & housing codes l Make repairs to maintain in habitable condition l Keep common areas in good condition l Maintain all equipment, etc. l Provide smoke detectors

20 20 Duties of the Tenant l Keep tenant’s area safe & clean l Dispose of waste properly l Avoid deliberate destruction of the property l Comply w/ building & housing codes l responsible for damage in area of exclusive control l Notify - inoperative/malfunctioning smoke detectors/replace batteries

21 21 Tenant’s duty to pay rent l Rent w/h prohibited l Mutuality of obligation l Rent may be abated only to extent rent has been paid l Punitive damages not available l Late fee Greater of $15 or 5% (>5 days late; once/period)

22 22 Liability of Tenant for Early Termination l Full rent due for remaining term of the lease Subject to landlord’s duty to mitigate l Early termination by military personnel

23 23 Tenant Security Deposit Act l Deposited in a trust account/bond Tenant notified of bank/insurance company within 30 days after beginning of the lease l Amount of deposit Week to week - two weeks rent Month to month - 1 1/2 months rent Longer - 2 months rent l 30 days to account after termination

24 24 Tenant Security Deposit Act l No charge for normal wear & tear l Nonrefundable (reasonable) pet charge permitted l Tenant’s remedies Action for damages Attorney fees for willful violation

25 25 Other applicable law l North Carolina Vacation Rental Act l Ejectment of Residential Tenants Act Self-help prohibited

26 26 Other applicable law l Tenants’ personal property Distress and distraint prohibited Tenant allowed to take personal property Lien on property not removed by tenant l Unfair or Deceptive Trade Practices Act Treble damages.

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