Chapter 9.1: Rental Agreements

How To Rent An Apartment https://www.youtube.com/watch?v=nov4DDgMN1g

Chapter 9.1 Vocab Lease Lessee Lessor Tenancy Contract between a tenant and a landlord Lessee Tenant Lessor Landlord Tenancy Possession of land or property as a tenant

Types of Tenacities Tenancy for Years Periodic Tenancy Tenancy at Will Tenancy at Sufferance

Tenancy for Years The right to occupy property for a definite or fixed period of time. 6 months 1 year 5 years 99 years Any amount of years, as long as the amount is definite Some states require every tenancy to be in writing, some require it to be in writing only if it is over 1 year.

Periodic Tenancy Tenancy that continues for successive, fixed periods of time. Year to Year Month to Month Week to Week Either party can terminate this tenancy by giving advanced notice to the other party. If notice is not given, tenancy continues for the same period of time.

Tenancy at Will Interest in real estate property that continues for an indefinite period of time. It exists without a contract or a lease It ends when the landlords or tenant gives notice required by law. Usually 30 days noticed required This is desirable to both tenant and landlord who wish to make changes in future without needing to break a lease.

Tenancy at Sufferance Occurs when a tenant does not leave the premises when the tenancy expires. AKA: holdover tenants- they are wrongdoers. They no longer have legal rights to the property. They must pay rent for the illegal occupancy.

Lease Agreement Terms Security deposit Rights and duties of the landlord and tenant. Tenant Rights: possession and continued occupancy (free from intrusion). Landlord Rights: rent and possession of property in good condition at end of lease Security deposit Amount of money a tenant will pay at the beginning of a lease in addition to first months rent. Landlord uses it to cover damage done to property upon moving out.

Lease Agreement Assignment and Subletting Options to renew Assignment: transferring remaining period of lease to someone else. Sublease: transferring of part of the term of a lease, but not the remainder of it, to someone else. Options to renew Lease may contain provisions allowing renter the option to renew the lease for one or more additional periods.

Covenant Descriptions in the lease of the rights and duties of the landlord and the tenant Responsibilities of Landlord Tenant Duties and Obligations

Responsibilities of Landlord Refrain from Discrimination You can’t refuse to rent property to any person because of race, religion, color, national origin, gender, age, ancestry, or marital status based on the Federal Civil Right Act Maintain the Premise Must be fit for human habitation Must be relatively clean, properly heated, furnished with utilities, and safe. Transfer peaceful possession Tenant are entitled to peaceful possession and quiet enjoyment of premise

Tenants Duties and Obligations Abide by the terms of the lease Pay rent when it is due Observe the valid restrictions of the lease, failure to abide by the terms can result in eviction Avoid Waste Cant damage or destroy property- decreases property value Property must be in same condition it was when they moved in

Tenants Duties and Obligations Return fixtures Tenant must return Fixtures: built-in stoves, kitchen cabinets, and ceiling light fixtures To determine if an items is a fixture courts consider the following: Has there been temporary or permanent installation of the fixture? Can it be removed without damage? What was the intent of the parties at the time the attachment was made? Trade Fixture A piece of equipment on or attached to the real estate installed by the tenant They may be removed from the real estate (even if attached) at the end of the tenancy Display Case, Lights, Shelves, etc.

Eviction Occurs when a landlord deprives a tenant of the possession of the premise. Reasons for eviction: Not paying rent Staying after lease has expired Damaging the premise Violating provisions in lease Landlord CANNOT use force to evict a tenant. Landlord must obtain court order, officer carries out eviction.

Constructive Eviction A landlord who deprives a tenant of Utilities (electricity/heat/water) Infestation of roaches If conditions in your apartment are so bad you think you cannot live there, you can argue you were constructively evicted Allows you to break your lease and not have to pay rent that would have been due.

Tort Liability When someone is injured on rented or leased property, both the landlord and the tenant may be liable. Whoever is in control of the area where the injury occurs determines liability. Landlords can be held liable for defects in common areas: hallways, stairs, etc. Tenants can be held liable for defects in private areas.

Vocab Continued Waste Rent Control Anything beyond normal wear and tear to rental property Rent Control Limit set on the amount a landlord can charge for rent

Ch. 9.1 BINGO REVIEW Lessee Lessor Tenancy at will Periodic tenancy Tenancy at sufferance Trade fixtures Fixtures Waste Assignment Sublease Constructive eviction Landlord Court order Covenant Tenant Holdover Eviction Quiet enjoyment Rent control Security deposit