rent/lease buis crim law

Tenant

A person who rents property from a landlord

Lease

The contract disclosing the rental agreement

Lessor

The owner of the property(landlord)

Lessee

The renter(tenant)

covenants

Describes right and duties of the tenant and the landlord

general covenants

Tenants have the right to privacy and the right to a lack of annoyances. Landlord is entitled to paid rent and no damage to property

Decoration and repairs covenants

Warrant of habitability, landlord must maintain commons and lobby areas, tenant must maintain property.

warrant of habitability

The landlord must make repairs to keep it fit to live in.

assignment

when the tenant transfers the rest of the lease to someone else. The tenant is still responsible for payment.

sublease

when the tenant transfers part of the lease but not all to someone else. The tenant is still responsible for payment.

Renewal

Both the tenant and landlord must give notice if the lease will be renewed or not.

security deposit

a dollar amount paid to the landlord at the beginning of the lease. Usually 1-2 months rent, damages deducted.

quiet enjoyment

the tenant has the right to enjoy the property undisturbed (privacy) as long as the lease is not violated.

constructive eviction

tenants can break the lease if the landlord deprives them of basic services (gas, water, electricity).

tort liability

either tenant or landlord can be sued if they do not maintain the area that is considered theirs and someone is injured.

certificate of occupancy

States if someone can live there and how many rental units

Tenancy for years, Periodic tenancy, tenancy at will, tenancy at sufferance

what are the 4 types of tenancies

Tenancy for years

an agreement for a set period of time, must be less than 99 years. Most common

Periodic tenancy

no set ending date. Automatically renews after a predetermined period of time (month) unless proper notice is given. Good for sales people or military personnel(traveling people). If you do not take any action to move, it is called holding over.

Tenancy at will

no set time period and no time period for renewal. Generally not written. Must still give notice (30 days) before moving.

Tenancy at sufferance

remaining in a property after a set time period or notice of eviction was given. Not paying rent, property being sold. No longer want them as a tenant and their lease is up.