Renting & the LawCHAPTER 33

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)