Real Estate Law

Residential Leases

Real Estate Law

Residential Leases

Rental Of Real PropertyRental Of Real PropertyRental Of Real PropertyRental Of Real Property

Types of Tenancies:Types of Tenancies: Owner of real property may allow others Owner of real property may allow others

to use their property.to use their property. Exchanging temporary possession of Exchanging temporary possession of

property for money or other property for money or other consideration is a rental agreement.consideration is a rental agreement.

Tenancies are governed by the rules of Tenancies are governed by the rules of both contract law and real estate law.both contract law and real estate law.

Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)

Types of Tenancies:Types of Tenancies: Tenancy for a fixed term: automatically Tenancy for a fixed term: automatically

expires after a set period of time.expires after a set period of time. Periodic tenancy: starts at specific time and Periodic tenancy: starts at specific time and

continues for successive periods until expired.continues for successive periods until expired. Tenancy at will: terminated by landlord or Tenancy at will: terminated by landlord or

tenant at will.tenant at will. Tenancy at sufferance: tenant entered into Tenancy at sufferance: tenant entered into

possession properly and with landlord’s possession properly and with landlord’s permission but wrongfully remains on the permission but wrongfully remains on the property.property.

Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)

Rights and Duties of Tenants:Rights and Duties of Tenants: Tenants rents the right to exclusive Tenants rents the right to exclusive

possession and control of premises.possession and control of premises. Landlord not entitled to enter the Landlord not entitled to enter the

premises.premises. Tenant is allowed to remove trade Tenant is allowed to remove trade

fixtures, but if removal causes damages, fixtures, but if removal causes damages, tenant must repair.tenant must repair.

Tenants do not have an obligation to Tenants do not have an obligation to make major improvements.make major improvements.

Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)

Rights and Duties of Tenants:Rights and Duties of Tenants: Warranty of Habitability: landlord impliedly Warranty of Habitability: landlord impliedly

promises that premises will be fit for living.promises that premises will be fit for living. Constructive Eviction: owner does not protect Constructive Eviction: owner does not protect

interest of tenant and allows material interest of tenant and allows material interference with tenant’s enjoyment of interference with tenant’s enjoyment of premises. premises.

Assignments and Subleases: allowed unless Assignments and Subleases: allowed unless prohibited by lease. Transfer of the tenant’s prohibited by lease. Transfer of the tenant’s entire interest in the lease (assignment); entire interest in the lease (assignment); tenant transfers only part of interest and tenant transfers only part of interest and retains the balance (sublease).retains the balance (sublease).

Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)

Rights and Duties of Landlords:Rights and Duties of Landlords: Have right to retake possession of Have right to retake possession of

property at the end of the lease.property at the end of the lease. Rent: compensation landlord receives in Rent: compensation landlord receives in

exchange for granting tenant the right exchange for granting tenant the right to use the property.to use the property.

Damages by the Tenant: landlord has Damages by the Tenant: landlord has right to reimbursement from tenant for right to reimbursement from tenant for any damages caused by the tenant.any damages caused by the tenant.

Rental Of Real Property (cont’d)Rental Of Real Property (cont’d)

Rights and Duties of Landlords:Rights and Duties of Landlords: Security Deposits: money to be used after Security Deposits: money to be used after

tenant has vacated the premises to repair any tenant has vacated the premises to repair any damage negligently/intentionally caused by damage negligently/intentionally caused by tenant.tenant.

Duty to Protect a Tenant and His or Her Duty to Protect a Tenant and His or Her Guests: landlord does not warrant premises Guests: landlord does not warrant premises are safe but does have duty to warn tenant of are safe but does have duty to warn tenant of latent defects.latent defects.

Rights After Abandonment by a Tenant: tenant Rights After Abandonment by a Tenant: tenant wrongfully abandons premises during the term wrongfully abandons premises during the term of the lease, landlord has several options.of the lease, landlord has several options.

Legislative TrendsLegislative TrendsLegislative TrendsLegislative Trends

Discrimination in housing prohibited by Discrimination in housing prohibited by federal statutes.federal statutes.

Amendment increased the amount of Amendment increased the amount of protection by providing methods for protection by providing methods for enforcement:enforcement: HUD can initiate lawsuit in federal court or HUD can initiate lawsuit in federal court or

before administrative law judge, if all parties before administrative law judge, if all parties agree. agree.

Person subjected to discrimination can file Person subjected to discrimination can file suit in state or federal court.suit in state or federal court.

U.S. attorney general can file suit if pattern or U.S. attorney general can file suit if pattern or practice of discrimination exist.practice of discrimination exist.

Legislative Trends (cont’d)Legislative Trends (cont’d)

To recover retaliatory eviction tenant To recover retaliatory eviction tenant must prove:must prove: Complaint was bona fide, reasonable, Complaint was bona fide, reasonable,

and serious.and serious. Did not create the problem.Did not create the problem. Complaint was filed before the landlord Complaint was filed before the landlord

began eviction proceedings.began eviction proceedings. Primary reason landlord began eviction Primary reason landlord began eviction

proceedings was to retaliate against proceedings was to retaliate against the tenant for filing complaint.the tenant for filing complaint.