1. Chapter 9.1: Rental Agreements

2. How To Rent An Apartment

3. 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

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

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

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

12. 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

13. 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

14. 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.

15. 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.

16. 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.

17. 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.

18. 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

19. 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