Renting & the Law

1. Renting & the Law CHAPTER 33

2. 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.

3. 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

4. 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

5. 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

6. Renting & the Law: Chapter 33 • Things to consider when choosing an Apartment • LOCATION • FINANCES • BUILDING • LAYOUT & FACILITIES

7. 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

8. 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

9. 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

10. 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)