Post on 14-Dec-2015
Renting & the Law: Chapter 33
The person who rents property is the Tenant or Lessee.
The person who owns property and rents it out to someone you are the Landlord or Lessor.
The contract between a tenant and a landlord is called a LEASE.
Renting & the Law: Chapter 33
There are 4 types of Tenancy TENANCY – interest in the real estate they lease Tenancy For Years
Right to occupy property for a definite & fixed period of time
Periodic tenancy Tenancy that continues for successive fixed periods
Tenancy at Will Interest in real property that continues indefinitely
Tenancy at Sufferance (illegal) When a tenant doesn’t leave premises after tenancy
expires
Renting & the Law: Chapter 33
Covenants are the terms of a lease. They outline the rights & duties of the landlord & tenant
Tenants rights: possession & continued occupancy
Landlord rights: rent $ & property in good condition at term’s end
Security Deposit $ paid to landlord at start of a tenancy PLUS the 1st month’s rent
Renting & the Law: Chapter 33
Assignment is the transfer of remaining part of the term of a lease to someone else.
Sublease is when you transfer part but not the remainder of lease to someone else.
Tenants who sublet may renew the lease, creating a new lease contract.
Rent Control Laws keep rent within an affordable range and outline the eviction process
Renting & the Law: Chapter 33
Things to consider when choosing an Apartment
LOCATION FINANCES BUILDING LAYOUT & FACILITIES
Renting & the Law: Chapter 33
DUTIES OF THE LANDLORD Duties are outlined in the Law and the Lease
Practice non-discriminating leasing Maintain the premises Deliver peaceful possession
Civil Rights Act Protects the 5 protected classes we’ve studied PLUS
the blind or those who may have children in the future Rental property offered for dwelling purposes
must be fit for human habitation. clean, properly heated, ready for utility usage & safe
Quiet Enjoyment
Renting & the Law: Chapter 33
DUTIES OF THE TENANT (outlined in lease) Paying Rent Abiding by terms of the lease
If not you could be evicted (deprived of possession of property)
Avoiding waste Waste –severe damage to premises that decreases its value
Returning Fixtures Fixtures – items of personal property attached to real
property (dishwashers, cabinets, ceiling fans) Trade Fixtures – items of personal property brought by
tenant
Renting & the Law: Chapter 33
EVICTION Happens when:
Don’t pay rent Remain on property after end of lease Damage to premises (waste) Violating covenants in lease
Landlord can NOT evict by force. They must obtain a court order.
CONSTRUCTIVE EVICTION Happens when the landlord breaches their
duties. Lease can be considered terminated, you can
leave premises and stop paying rent. Also handled by the court
Renting & the Law: Chapter 33
TORT LIABILITY When someone is injured on
rented/leased property both landlord AND tenant may be liable The person in control of the area where
injury occurs is liable if negligent Landlord can be liable for injury caused by
defect in common areas (hallway, stairs) Tenant can be liable for injury caused by
defects in areas they control (living room, bathroom)