Real Estate Law Residential Leases Real Estate Law Residential Leases

Rental Of Real Property Types of Tenancies: Types of Tenancies: Owner of real property may allow others to use their property. Owner of real property may allow others to use their property. Exchanging temporary possession of property for money or other consideration is a rental agreement. Exchanging temporary possession of property for money or other consideration is a rental agreement. Tenancies are governed by the rules of both contract law and real estate law. Tenancies are governed by the rules of both contract law and real estate law.

Rental Of Real Property (cont’d) Types of Tenancies: Types of Tenancies: Tenancy for a fixed term: automatically expires after a set period of time. Tenancy for a fixed term: automatically expires after a set period of time. Periodic tenancy: starts at specific time and continues for successive periods until expired. Periodic tenancy: starts at specific time and continues for successive periods until expired. Tenancy at will: terminated by landlord or tenant at will. Tenancy at will: terminated by landlord or tenant at will. Tenancy at sufferance: tenant entered into possession properly and with landlord’s permission but wrongfully remains on the property. Tenancy at sufferance: tenant entered into possession properly and with landlord’s permission but wrongfully remains on the property.

Rental Of Real Property (cont’d) Rights and Duties of Tenants: Rights and Duties of Tenants: Tenants rents the right to exclusive possession and control of premises. Tenants rents the right to exclusive possession and control of premises. Landlord not entitled to enter the premises. Landlord not entitled to enter the premises. Tenant is allowed to remove trade fixtures, but if removal causes damages, tenant must repair. Tenant is allowed to remove trade fixtures, but if removal causes damages, tenant must repair. Tenants do not have an obligation to make major improvements. Tenants do not have an obligation to make major improvements.

Rental Of Real Property (cont’d) Rights and Duties of Tenants: Rights and Duties of Tenants: Warranty of Habitability: landlord impliedly promises that premises will be fit for living. Warranty of Habitability: landlord impliedly promises that premises will be fit for living. Constructive Eviction: owner does not protect interest of tenant and allows material interference with tenant’s enjoyment of premises. Constructive Eviction: owner does not protect interest of tenant and allows material interference with tenant’s enjoyment of premises. Assignments and Subleases: allowed unless prohibited by lease. Transfer of the tenant’s entire interest in the lease (assignment); tenant transfers only part of interest and retains the balance (sublease). Assignments and Subleases: allowed unless prohibited by lease. Transfer of the tenant’s entire interest in the lease (assignment); tenant transfers only part of interest and retains the balance (sublease).

Rental Of Real Property (cont’d) Rights and Duties of Landlords: Rights and Duties of Landlords: Have right to retake possession of property at the end of the lease. Have right to retake possession of property at the end of the lease. Rent: compensation landlord receives in exchange for granting tenant the right to use the property. Rent: compensation landlord receives in exchange for granting tenant the right to use the property. Damages by the Tenant: landlord has right to reimbursement from tenant for any damages caused by the tenant. Damages by the Tenant: landlord has right to reimbursement from tenant for any damages caused by the tenant.

Rental Of Real Property (cont’d) Rights and Duties of Landlords: Rights and Duties of Landlords: Security Deposits: money to be used after tenant has vacated the premises to repair any damage negligently/intentionally caused by tenant. Security Deposits: money to be used after tenant has vacated the premises to repair any damage negligently/intentionally caused by tenant. Duty to Protect a Tenant and His or Her Guests: landlord does not warrant premises are safe but does have duty to warn tenant of latent defects. Duty to Protect a Tenant and His or Her Guests: landlord does not warrant premises are safe but does have duty to warn tenant of latent defects. Rights After Abandonment by a Tenant: tenant wrongfully abandons premises during the term of the lease, landlord has several options. Rights After Abandonment by a Tenant: tenant wrongfully abandons premises during the term of the lease, landlord has several options.

Legislative Trends Discrimination in housing prohibited by federal statutes. Discrimination in housing prohibited by federal statutes. Amendment increased the amount of protection by providing methods for enforcement: Amendment increased the amount of protection by providing methods for enforcement: HUD can initiate lawsuit in federal court or before administrative law judge, if all parties agree. HUD can initiate lawsuit in federal court or before administrative law judge, if all parties agree. Person subjected to discrimination can file suit in state or federal court. Person subjected to discrimination can file suit in state or federal court. U.S. attorney general can file suit if pattern or practice of discrimination exist. U.S. attorney general can file suit if pattern or practice of discrimination exist.

Legislative Trends (cont’d) To recover retaliatory eviction tenant must prove: To recover retaliatory eviction tenant must prove: Complaint was bona fide, reasonable, and serious. Complaint was bona fide, reasonable, and serious. Did not create the problem. Did not create the problem. Complaint was filed before the landlord began eviction proceedings. Complaint was filed before the landlord began eviction proceedings. Primary reason landlord began eviction proceedings was to retaliate against the tenant for filing complaint. Primary reason landlord began eviction proceedings was to retaliate against the tenant for filing complaint.