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A lease spells out the relationship and requirements for a tenant and landlord. Because the landlord generally chooses what the lease will say, it usually favors the landlord. If the tenant disagrees with some part of the lease, it should be discussed and may be modified or deleted by mutual agreement. Any change, addition, or deletion to a contract should be initialed by both the landlord and the tenant(s). Generally, nothing said or agreed upon orally will change any part of the written lease unless it is in writing and signed by both parties. While under certain circumstances an oral lease can be enforceable, in the event of dispute issues of evidence and proof with an oral lease are extremely problematic, and a written agreement protects both parties. If you do not agree to the entire written lease document, do not sign it. Your signature will bind you to fulfill the terms of the agreement exactly as it is written and/or pay significant financial penalties. There are no time-outs, second chances, or fresh starts. Landlords will use the courts or threats of legal action to enforce leases, and tenants should be equally prepared to exercise their rights under contracts and through the courts if necessary. Everyone who signs a lease should receive a copy, with signatures, to serve as a record of the lease and each party's responsibilities under the terms of the lease. A lease is a contract between you and the landlord. It describes a legal agreement in which you are given possession of an apartment owned by the landlord in which to live for a specific length of time. A lease also specifies what you are to do (and not do) to receive or retain possession of the apartment. Contracts can be long or short, simple or complex. Enforcing a contract generally means asking a court for a judgment that would force one or both parties to do—or not do—what the contract specifies. Legal actions to enforce a lease usually are brought to the district magistrate but could be brought to another court depending on what is being charged or what relief is being sought.
Leases must be signed by both parties. They do not have to be witnessed, although landlords may choose to have a staff member formally witness the signature. In Pennsylvania, you must be older than 18 to legally sign a contract. If you are younger than 18, the landlord may require a cosigner, such as your parent, who will accept legal responsibility for the obligations of the lease for/with you. In the University area, many landlords request or require a parent to cosign even if you are older than 18. This is an acceptable business practice, although it may annoy students. Because students generally have limited personal assets, landlords will be able to take legal action against cosigners in case students breach/default on a lease. Legal action for breaching a lease can be taken across state lines.
Identify the Property
A lease should identify the property to be rented. Identification should include the street address and apartment number. Students should inspect the specific apartment they are renting before they sign a lease. If, when you are ready to move in, the apartment you leased is not ready for occupancy, you may agree to take a different unit. However, you are not obligated to accept any apartment other than the one identified in the lease. When you move in, if the apartment is damaged or defective, take pictures or video of the damages and deficiencies, fill out a thorough inspection report for the landlord with a list of repairs and cleaning that need to be done, and remind the landlord regularly of the work remaining to be completed until the apartment is fully ready for occupancy. Although most landlords take pride in the appearance and standards of their apartments, some make a habit of procrastinating and then cleaning or fixing just enough, knowing that many students eventually give up on a leaking toilet, dirty refrigerator, or torn carpet.
Length of the Lease
A lease should indicate the starting date and ending date of occupancy. Most leases in the University area are for 12 months. In some cases, a lease may be open-ended or month to month. Leases of six, nine, and 10 months occasionally are found in this area but are unusual. Many leases are preprinted forms on which a landlord fills in the blanks and then both parties sign. The publishing company or professional association providing the forms will be printed on the bottom of the
page. Preprinted forms usually contain the basic legal elements of a good lease, and newer ones are written in plain language, which is a requirement in Pennsylvania.
Rules and Regulations
Watch for rules and regulations that may be included in the lease or attached as an additional document. They may be regulations about noise, cleaning requirements and standards, garbage storage and disposal, security issues, smoke detectors, parties, guests, pets, parking, hallways, lights, landlord access to inspect or show the apartment to prospective tenants, and other lifestyle issues. Rules and regulations often are problems between landlords and tenants if they are not understood, agreed to, and followed. Tenants can be evicted for breaching leases by not following the rules. Rules and regulations can be changed, added, or amended by a landlord without tenant approval if the lease allows it.
Security deposits are customary in the University community. They usually are equal to one or two months of rent. They cannot be greater than two months of rent during the first year of the lease. Most leases specify that a deposit cannot be used as the last month of rent. Some leases say that if a landlord uses some or all of the security deposit during the term of the lease, the tenant must pay to bring the deposit up to the lease-specified amount. A landlord must place the security deposit in an escrow account in a bank for the term of the lease, or the deposit may be bonded, which is a guarantee of payment. The tenant does not necessarily receive any interest payments from the escrow deposit for the first or second year. On longer leases, interest must be paid after the second year.
Payment of Rent
Payment of rent, also called consideration, is specified in the lease. Payment information includes the monthly rent amount, the total amount of the rent to be paid over the term of the lease (usually 12 times the monthly rent), when (date due) and where (office address) the rent is to be paid, how the rent is to be paid, (mail, in person, check, money order, etc.), and a late date after which payment is not on time and violates the lease terms. Some landlords allow a discount for timely payment (e.g., rent is $500 a month but if paid before the fifth of the month a discount of $50 will be allowed; therefore, the rent due is $450.) Other landlords assess a penalty if rent is late (e.g., rent is $500 a month but if paid after the fifth of the month a penalty of $50 will be charged; therefore, the rent due will be $550). Both ways are acceptable; however, the total amount of the contract, which usually is stated in the lease, will be changed depending on whether it is discounted or penalized. If discounted, the total contract amount will not reflect the discount but will be the full or larger amount. In event of a lawsuit by a landlord, the landlord would likely request payment in full for the entire lease term, which would be the larger amount.
Utilities and Appliances
Utilities and appliances also are described in leases, and the details should be read carefully. Who pays which utilities should be indicated specifically. If a tenant is responsible for certain utilities, he or she must contract directly with utility companies. Utilities provided by the landlord should be listed. Utilities include electricity, water, and sewage and may include gas and garbage removal. Be cautious about agreeing to pay a landlord for utility services based on the landlord's contract with utility companies. Although not illegal, it is a situation that could tempt an unscrupulous landlord to inflate charges, doublebill tenants, or charge tenants for services that tenants did not use. Utility companies provide estimates of service charges for tenants if requested and perform usage audits for customers who wish to verify charges. Usually a refrigerator and stove are included if a rental unit has a kitchen, and that should be referenced in the lease. Other appliances usually are not provided. A dishwasher, garbage disposal, or window air conditioner are listed if included.
Use and Occupancy
Many leases include a use and occupancy section that indicates that the use of the apartment is limited to residential and specifies the number of people who may live there. This means it cannot be used for business nor to house more people than stated in the lease. Children in a family are counted, as are unrelated adults. Guests also may be restricted by language in this section or in rules and regulations.
The allowance of overnight guests or visitors, the maximum number of nights they can stay, and whether they can be given a key to the apartment are common limits on tenant use of an apartment.
Sublets and Assignments
Sublets and assignments will permit, prohibit, or define a landlord's policy on subletting or assigning a lease to another person. If it is not prohibited by the lease, subletting is permitted by state law. Watch for the need for written permission by a landlord to sublet or assign and/or additional fees or penalties charged for subletting. If you do not plan to remain in Pittsburgh or to attend the University during the summer, subletting is a reasonable alternative to paying for an apartment you aren't using. Guest and visitor policies might prohibit allowing someone to use your apartment for the summer without the landlord's knowledge or permission.
Acceleration of Rent
A landlord may have the option of an acceleration of rent if a tenant fails to pay rent on time or breaches or violates other lease terms. This means that a landlord can demand that the entire amount of the lease consideration be paid within some specified time period. This usually is a last resort for a landlord who isn't receiving rent in regular, timely, or complete payments, although it can be sought for other violations of a lease. Unless a tenant agrees and pays the amount specified in the lease on time, the landlord will go to court seeking a judgment ordering the payment. A clause in the lease usually specifies the availability of this option for the landlord. This option is not always enforceable depending on the circumstances.
Waiver of Notices
Some leases now include a waiver of notices. Normally, notice is given to a tenant prior to the termination date of a lease. Waiving this notice has little impact on the tenant, who should be aware of the end of the lease and the need to renew or move out. Tenants should be aware of any penalties for failing to move out by the end date of a lease. Often, high daily rates or an entire month's rent are specified for holdovers. Waiver of another notice normally required of a landlord could be more damaging to a tenant. If a landlord initiates legal action to force a tenant to pay outstanding rent payments or to leave a property, the law requires the landlord to give written notice of the action to the tenant. This notice allows the tenant time to correct the problem or negotiate with the landlord. By waiving the right of notice, the tenant will be deprived of the opportunities to correct the problem, and the landlord will file legal action immediately.
Confession of Judgment
Some leases may contain a confession of judgment clause, under which a tenant agrees, by signing the lease, to allow any attorney, including the landlord's attorney, to represent him and to confess judgment or essentially "plead guilty" for the tenant. Having pleaded "guilty," the tenant will be responsible for whatever judgment is handed down. WHILE YOUR LEASE MIGHT CONTAIN SUCH A CLAUSE, GENERALLY CONFESSION OF JUDGMENT CLAUSES ARE NO LONGER LEGALLY ENFORCEABLE IN RESIDENTIAL LEASES IN PENNSYLVANIA.
Right of Entry
Many landlords in the University area specify a right of entry in the lease. Usually this means that a landlord can enter an apartment without notice and whether or not a tenant is present to fix something that the tenant has requested, to respond to an emergency, or to show the apartment to prospective tenants. Any limits on the time of day, purpose, or notice will be specified here. Leases that allow landlord access for any reason and at any time of the day or night should be questioned. Failure to allow a landlord access could be grounds for the landlord to take legal action if the lease specifies access. Tenants are entitled to the right of quiet possession, but elements of that right can be abridged by lease.
Renewal is the term for extending the current lease agreement for another period of time. Usually, a one-year lease renews for another year and a six-months lease for another six months, although some leases renew on a month-to-month basis after the initial lease term. In the University area, many landlords require tenants to renew their leases as much as five months or 150 days before the end of their leases. This permits them to advertise vacancies for the next academic year prior to the end of the spring term. This is a good move for landlords but can be awkward for students who aren't sure about staying in their apartments another year or even returning to school the next year. A very early renewal deadline also means that the spring term can be a series of landlord visits with prospective renters touring your abode.
How to Go Month-to-Month at the End of Your Lease
Read more: How to Go Month-to-Month at the End of Your Lease | eHow.com http://www.ehow.com/how_6552_go-month-month.html#ixzz17CpW0Qsd
Things You'll Need:
• • •
Rental Agreements Pens Pens
Obtain your landlord's written consent to stay in your rental unit on a month-tomonth basis - under the same terms as your expiring lease - or negotiate a new month-to-month rental agreement with your landlord.
Read and understand the terms of your month-to-month agreement before signing any documents; seek legal counsel if necessary, especially in states with rent control laws.
Realize your landlord can increase the rent or change other terms in your month-tomonth rental agreement, with proper advance notification (usually 30 days), subject to any local rent control laws.
com/how_6552_go-month-month.com/rental-agreements Professional rental agreements by the experts Rent Melbourne Apartmentswww.ph Find Houses For Buy/Sell/Rent At AyosDito .Phils.dinglepartners. unless you or the landlord ends the agreement with proper advance notification (usually 30 days).com.au Huge City Selection! Short or Long Term.ICC Books & eBookswww. Understand that a month-to-month agreement is usually automatically renewed every month. Renting an apartment on a month by month basis can be done in certain situations and is ideal for those who may only need an apartment for a short period of time or need to remain in their current apartment for a few extra months.iccbooks.html#ixzz17CpsJ29Z How to rent an apartment on a month by month basis. consult an attorney to protect your rental rights when negotiating any rental lease or agreement. A common reason for needing to rent an apartment on a month by month basis is that the tenants have signed a new lease at another apartment but the move in date is a month or few after their current lease expires. Homes Philippineswww.AyosDito. Furnished or Unfurnished. . However month by month lease agreements can be difficult to come by and various factors affect the ability to get a month by month lease.ehow.com Your key to international commercial dispute resolution Residential Lease Agreementinkdocs. Landlord-tenant laws can be confusing and complex.com http://www.' Marketplace! Ads by Google Tips & Warnings • • • Try to negotiate more favorable terms in your month-to-month agreement than you had in your expiring lease. Read more: How to Go Month-to-Month at the End of Your Lease | eHow.
These factors include the current market demand for new apartments in the area of the apartment. It is also important to read the terms of a month by month lease agreement carefully. Those interested in renting an apartment on a month by month basis should ask about this arrangement before signing any rental or lease agreement. Typically an apartment complex will require a contract to be signed for a lease that lasts a minimum of 3-6 months. This is done because a tenant who signs a 6 month or 1 year lease is basically guaranteed money while a month by month tenant could be here today and gone tomorrow. Am I responsible for maintaining and repairing? The 10-year-old washer stopped working on Monday. I rent a house on a month to month basis. and whether or not previous payments were made on time every month. I called the landlady about the matter and she told me I am responsible for getting it fixed. The agreement may require the tenant to pay higher rent or be held liable for additional monthly rent payments if the apartment can not be filled soon after the tenant leaves. After this initial leasing period draws to a close. Many apartment complexes require a full 1 year lease to be signed for the first year. Most apartment complexes begin offering lease agreements to new tenants on apartments that are still occupied a few months before the current lease on that apartment is due to expire. Some apartment complexes that offer the option to 'renew' an apartment lease on a month by month basis may charge a slightly higher monthly rate on month by month lease agreements. good leasing managers will send out notifications to residents informing them when their lease will expire and what options are available to the residents. They should also keep in mind that if they are first time renters at the complex. the time already spent living in the apartment. Some residents may be offered the option to renew on a month by month basis after the initial leasing contract term is nearing an end after 'proving' themselves as a responsible tenant who followed the terms of the lease and made on time and in full monthly payments. without a lease. I was a little stunned . they may have to sign an agreement that guarantees the apartment complex at least a few months rent.
I guess I shouldn't worry about the big things unless there is an actual problem. 2007 Total points: 2. I thought it was the fabric softener ball in the wash bumping against the inside of the tub. 2 years ago I didn't abuse the machine :) A set of sheets. I am not going to force the issue. My boyfriend is a mechanical engineer. #1) The LANDLORD is *always* responsible for repairs on his/her property unless *you* do the damage. maybe fix it on the cheap. 2 years ago by HelpMeEs. a towel. • • 2 years ago Report Abuse Additional Details My landlady is a really nice old woman. a pillow protector. I will have to pay to get it fixed. I guess if I want to use the thing. and a couple pairs of socks did the "damage". too? I live in the state of Virginia.since the washer isn't mine. most of the 10-year wear on the unit was from someone else. Member since: December 17. but what happens if there is a leak in the roof? What if the central air breaks down? Am I responsible for repairing these. The property doesn't belong to you.Chosen by Asker Here's your answer. For the washer. I just recently moved in. and has agreed to look at it for me. she fixes . #3) With the above said. I take care of the yard and the house as we verbally agreed.. This means if the roof leaks.. #2) #1 applies whether or not you have a signed lease. and I don't know the laws between landowner and tenant.. But I am concerned that this will be a problem as time passes. The machine had been making an odd noise on and off since I moved in. the land lord is only required to keep what is essential for proper living conditions upkept and repaired. I have always had a lease clearly defining my responsibilities.021 (Level 3) • • Add Contact Block Best Answer . but this was unanticipated.
AC may be required. I hope that helps. then she is not responsible to upkeep them and keep them operational. But. Some landlords prefer to have a month-to-month lease with a new tenant until they become more comfortable with the tenant. If the window is broken (not by you). they can be modified as long as both parties agree. whether or not utilities are included. you COULD take your stuff to a landromat. BUT a washer and dryer are NOT necessities and as a result. late payment charges. However. a month-to-month lease has the same legal weight as an annual or two-year lease. The agreement outlines pertinent information such as the address of the premises. The length of the lease depends. the tenant agrees to live by the terms and conditions as outlined in the lease agreement. Tenants who are . on the most part. Heat is absolutely required in order to rent out a home. Terms and Conditions of a Lease 2. Advantages of a Month-to-Month Lease 3. she may only be providing those as "extras. no matter how long the term of the lease.. amount of rent. Therefore. If a tenant is a poor tenant and does not pay the rent on time and abuses the property. the landlord is not obligated to endure the tenant's behavior for longer than 30 days.. By signing the lease. etc. in Virginia. so the home must have operational heat and your landlord is responsible. A lease is a legally binding contract between a landlord and a tenant. If there are any sticking points in a lease agreement. where it gets crazy hot.. A lease outlines the terms and conditions by which the landlord is willing to rent the apartment." Without a lease stating specifically that she is providing a washer and dryer as part of your agreement to live there. in Phoenix Arizona.it. How Does a Month-to-Month Lease Work? Introduction 1. There are also occasions when tenants prefer month-to-month leases. Air Conditioning may not be required for life there. Similar situation on Central Air and heating. she has to fix it. when the rent is due. on the landlord and tenant relationship. length of the lease and more. After all.. since the lease is on a month-to-month basis.
for example. sometimes its difficult to get reliable tenants. while other times its difficult for tenants to find quality affordable housing. so they don't want to be legally obligated to live out the term of an annual lease. then this Lease shall automatically renew for (1) month periods (month-to-month) until written notice is given by one party .com/howdoes_4605177_monthtomonth-lease-work.ehow. Tenants and landlords looking for long-term relationships and security shy away from month to month leases. Disadvantages of a Month-to-Month Lease 4. 2008|By Robert Griswold • o o • o o o Q: My nine-month lease expired a few months ago. The one thing that month-to-month and an annual leases have in common is that each party has to give the other party ample notice (usually 30 days) if they wish to terminate the landlord/tenant relationship.com http://www.transient. Depending on the housing market. That lease stated: "Unless written notice is given by Lessor to Lessee or by Lessee to Lessor at least (30) days prior to the expiration of this Lease. An annual lease offers security for tenants wanting to remain in an apartment just as it does for a landlord wishing to keep a good tenant. may only want a month-to-month lease. Their job may require them to move often.html#ixzz17CrKtK3P Stuck with a month-to-month lease August 31. Read more: How Does a Month-to-Month Lease Work? | eHow.
but have had an argument with her regarding this subject. You could give your notice on the 15th of the month and not have to move until 30 days have passed. Because you did not respond to your landlord's letter at least 30 days before the end of your lease it looks like you are stuck with a month-to-month agreement. or your landlord can claim that you invalidated your own notice. be sure to only pay the prorated rent at the beginning of the next month. Is that right? Property manager Robert Griswold replies: You cannot force the landlord to offer the same lease terms at this time. you should give your landlord a 30-day written notice of termination of your tenancy. The longer the term. Now my apartment manager comes in twice a day to show the apartment to prospective renters. Q: My lease has reverted to a month-to-month rental agreement. She argued that it was her right to enter and said that she could even enter in my absence. 15 days in this case. . If you do this. Due to my husband's job relocation. I feel this is an invasion of my privacy. I have not refused yet. There is no requirement that you can only give a notice to vacate at any certain time of the month. Can't I make them offer the long-term lease? If not. She calls me five minutes prior to coming to ask my permission for entry. I have now decided that I want to take advantage of their offer for a longer-term lease at the lower rental rate but they say that I'm committed to a month-to-month lease. I want to move. In addition. but they tell me that I can only give my 30-day notice at the end of the month. we gave a 30-day notice for vacating the apartment." Approximately 45 days before my lease expired the management company sent me a letter saying that my lease was ending and included several options with different lease terms and rents.to the other not less than 30 days prior to the end of any one month. the lower the monthly rent. If you decide you want to move. At that time I didn't know what I wanted to do so I did nothing and I am now on a month-to-month basis. it stated that I had to let them know of my acceptance to those terms by the end of that month.
(December 2010) See also: leasing and renting A lease is a contract calling for the lessee (user) to pay the lessor (owner) for use of an asset. Unsourced material may be challenged and removed. If a contract has no ending date then it may be in the form of a perpetual license and still not be a lease. Please help improve this article by adding reliable references. . In general. The relationship between the tenant and the landlord is called a tenancy.Lease From Wikipedia. if it's a one-time entrance onto someone else's property. it's probably a license. or use of a radio frequency (such as a contract with a cell-phone provider). An example of a licensor/licensee relationship is a parking lot owner and a person who parks a vehicle in the parking lot. A lease should be contrasted to a license. The difference would be that if possession is subject to ongoing. (August 2008) The examples and perspective in this article may not represent a worldwide view of the subject. search This article needs additional citations for verification. “lease” may connote a non-cancelable lease. recurrent payments and is generally not subject to termination except for misconduct or nonpayment. A license may be seen in the form of a ticket to a baseball game. The most common form of real property lease is a residential rental agreement between landlord and tenant. the lessee (also called a tenant) has possession and use (the rental) of the leased property to the exclusion of the lessor and all others except with the invitation of the tenant. but which is subject to termination at the will of the owner of the property (called the licensor). A lease can be for a fixed period of time (called the term of the lease) but (depending on the terms of the lease) may be terminated sooner. The lease will either provide specific provisions regarding the responsibilities and rights of the lessee and lessor. A non-cancelable lease is a lease that cannot be so terminated. which may entitle a person (called a licensee) to use property. The seminal difference between a lease and a license is that a lease generally provides for regular periodic payments during its term and a specific ending date. Leases for intangible property could include use of a computer program (similar to a license. A gross lease is when the tenant pays a flat rental amount and the landlord pays for all property charges regularly incurred by the ownership from lawnmowers and washing machines to handbags and jewellry. A cancelable lease is a lease that may be terminated solely by the lessee or solely by the lessor. but with different provisions). and the right to possession by the tenant is sometimes called a leasehold interest. Please improve this article and discuss the issue on the talk page. In common parlance. by paying the negotiated fee to the lessor. the free encyclopedia Jump to: navigation. A rental agreement is a lease in which the asset is tangible property. whereas “rental agreement” may connote a cancelable lease. or there will be automatic provisions as a result of local law. it is a lease.
.4 Tenancy at sufferance 4 Formalities 5 Term 6 Rent 7 Car rental 8 Real estate rental o 8.1 Fixed-term tenancy or tenancy for years o 3. particularly. sometimes referred to as a "master lease". The right to sub-lease can be expressly prohibited by the main lease. consumer protection legislation recognised that common law principles. for example. The modern law of landlord and tenant in common law jurisdictions retains the influence of the common law and.e.Under normal circumstances. were mainly used for agricultural purposes until the late 18th century and early 19th century when the growth of cities in industrialised countries had made leases an important form of landholding in urban areas.1 Deposit o 8.2 Periodic tenancy o 3. Similar principles apply to sub-leasing. owners of property are at liberty to do what they want with their property (for a lawful purpose). If an owner has surrendered possession to another (i.3 Tenancy at will o 3. the laissez-faire philosophy that dominated the law of contract and property law in the 19th century. the tenant) then any interference with the quiet enjoyment of the property by the tenant in lawful possession is itself unlawful. though the terminology would be different.2 Insurance 9 Land lease 10 Sublease 11 Head lease 12 See also 13 References  History Over the centuries. that is the leasing by a tenant in possession to a sub-tenant. Contents [hide] • • • • • • • • • • • • • 1 History 2 General terms 3 Types of tenancies o 3. which assume equal bargaining power . With the growth of consumerism. Leases. leases have served many purposes and the nature of legal regulation has varied according to those purposes and the social and economic conditions of the times. Similar principles apply to real property as well as to personal property. including dealing with it or handing over possession of the property to a tenant for a limited period of time.
and/or the jurisdiction in which the agreement was signed or the residence of the parties. May have a specific list of conditions which are therein described as Default Conditions and specific Remedies. the owner (lessor) grants the use of the stated property to the lessee. single family homes. create hardships when that assumption is inaccurate. Despite the name "tenancy for years". Identifies the specific object (by street address.. Has a specific consideration (a lump sum. or periodic payments) for granting the use of this object. A fixed term tenancy comes to an end automatically when the fixed term runs out or.. In many jurisdictions that possibility has been partially or totally abolished. and business property (including wholesale and retail)) may be leased. furniture. it is a hybrid sort of contract that involves qualities of a deed. (e. s/he may become a tenant at sufferance . It has a definite beginning date and a definite ending date. Common elements of a lease include: • • • • • • • • Names of the parties of the agreement. such a tenancy can last for any period of time—even a tenancy for one week may be called a tenancy for years. Consequently reformers have emphasised the need to assess residential tenancy laws in terms of protection they provide to tenants.) or real property (raw land. At Common law the duration did not need to be certain. If a holdover tenant remains on the property after the termination of the lease.. when the event occurs. The starting date and duration of the agreement. apartments.g.between the contracting parties. and thus enforceable by all parties under the Contract Laws of the applicable jurisdiction. or make/model.  General terms A Lease is a legal contract.. in the case of a tenancy that ends on the happening of an event. May have other specific conditions placed upon the parties such as o need to provide insurance for loss o restrictive use o which party is responsible for maintenance All kinds of personal property (eg: cars. "until the crops are ready for harvest" or "until the war is over"). but could be conditioned upon the happening of some event. Has provisions for a security deposit and terms for its return.  Types of tenancies  Fixed-term tenancy or tenancy for years A fixed-term tenancy or tenancy for years lasts for some fixed period of time. As a result of the lease. Provides conditions for renewal or non-renewal. Legislation to protect tenants is now common. Some specific kinds of leases may have specific clauses required by statute depending upon the property being lease.serial number) being leased. But. VIN. since it also represents a conveyance of possessory rights to real estate.
It may last for many years. even though this would give the tenant more than the required one month's notice. but it could be ended at any time by either the lessor or the lessee for any reason. Either the landlord or the tenant may terminate a periodic tenancy when the period or term is nearing completion.because the lessor/landlord has suffered (or allowed) the tenant to remain as a tenant instead of evicting him or her. depending on the laws of the jurisdiction where the leased premises are located. upon the providing of proper statutory notice. For example. and some have reduced the capacity of a landlord to use them drastically.  Periodic tenancy A periodic tenancy also known as a tenancy from year to year. The notice must also state the effective date of termination. or for no reason at all. West Hollywood. at least one month. where the parties have not explicitly specified a different arrangement. in California. but not alway. partly because it comes about only if the parties expressly agree that the tenancy is for no rent. which. by giving notice to the other party as required by statute or case law in the jurisdiction. However. in a jurisdiction with a last day requirement the termination could not be effective on the 20th of the following month. Durations of less than a year must typically receive notice equal to the period of the tenancy . Proper notice. Unlike a periodic tenancy. as set forth in the state's statutes. as always with landlord/tenant law. and where none is presumed under local or business custom. commonly where a . must be on the last day of the payment period. In many jurisdictions the "default" tenancy. San Francisco. in some jurisdictions. Under the modern common law. without incurring an obligation to pay for the months remaining on the lease. Neither landlord nor tenant may terminate a periodic tenancy before the period has ended. In other words. For jurisdictions that have local rent control laws. is an estate that exists for some period of time determined by the term of the payment of rent. and Oakland have "rent stabilization ordinances" that limit a landlord's ability to terminate a periodic tenancy. or week to week. if a month-to-month tenancy began on the 15th of the month. Either party must give notice if it intends to terminate a tenancy from year to year. In rare cases it may occur where the tenancy is not for consideration. is a month-to-month tenancy.for example." meaning the tenant or the landlord may terminate it at any time. and the amount of notice is either specified by the lease or by state statute. especially for the year to year periodic tenancy. must be given. a landlord's ability to terminate a residential tenancy is substantially reduced. among other restrictions. the landlord must give a month's notice to terminate a tenancy from month to month. the cities of Los Angeles. Such a tenancy is generally "at will. the tenancy at will is the one that usually exists. If there is no formal lease. it isn't associated with a time period. Santa Monica. a tenancy at will without compensation is very rare.  Tenancy at will A tenancy at will is a tenancy which either the landlord or the tenant may terminate at any time by giving reasonable notice. month to month. Notice is usually. many jurisdictions have increased these required notice periods. An oral lease for a tenancy of years that violates the Statute of Frauds (by committing to a lease of more than — depending on the jurisdiction — one year without being in writing) may actually create a periodic tenancy.
the tenancy at will is terminated as soon as a new lease is negotiated and signed. such language may be interpreted as granting the tenant a life estate or even a fee simple.family member is allowed to live in a home (a nominal consideration may be required) without any formal arrangements. for consideration. The landlord may evict such a tenant at any time. Subject to any notice required by law. if the: • • • • • • Tenant commits waste against the property. particularly a residential tenancy. A tenancy at will is broken. an oral lease for more than 12 months is not enforceable if the statute of frauds in the jurisdiction includes leases of more than 12 months. again by operation of law. such as California. such as changing the locks. Alternatively.g. a tenancy at will (without a specific time limit) may exist for a temporary period where a tenant wishes to take possession of a property and the landlord agrees. a landlord is prohibited from using a "self help" remedy. . However. rather. Tenant attempts to assign the tenancy. the law of the jurisdiction may imply that the tenant is granted. For example. If a lease exists at the sole discretion of the landlord.  Tenancy at sufferance A tenancy at sufferance (sometimes called a holdover tenancy) exists when a tenant remains in possession of a property after the expiration of a lease. In most residential tenancies for a fixed term. Although the tenant is technically a trespasser at this point.) Many residential leases convert to "at will" tenancy subject to 30-days notice. a lease that explicitly exists at the will of the tenant (e. However. and possession of this type is not a true estate in land. and until the landlord acts to eject the tenant from the property. Landlord transfers his/her interest in the property. the tenant may not be removed except for cause. then the tenant must vacate the premises. "for as long as the tenant desires to live on this land") generally does not imply that the landlord may terminate the lease. The specifics of these rules differ from jurisdiction to jurisdiction. authorities recognize the condition in order to hold the tenant liable for rent. a reciprocal right to terminate the lease at will. and without notice. as is the vacation of the premises by the tenant. to terminate a tenancy. the changing of locks by the landlord is an indication of the end of the tenancy. In this case. Tenant or landlord dies. Doing so may constitute a "constructive eviction" and expose the landlord to civil and criminal liability. in some jurisdictions. Tenant uses the property to operate a criminal enterprise. a tenancy at will also comes to an end when either the landlord or the tenant acts inconsistently with a tenancy. (However. even if there is no written lease. Landlord leases the property to another person. by operation of law. The parties may also agree on the basis that if the parties fail to enter into a new lease within a reasonable time period. but there is insufficient time in which to negotiate and complete a new lease.
It is common for a lease to be extended on a "holding over" basis. to give up the tenancy to the landlord. or out of the country. A periodic tenancy is one which is renewed automatically. and no notice needs to be given. this new tenancy is month to month. . A tenancy for a duration greater than one year must be in writing in order to satisfy the Statute of Frauds. It is also possible for a tenant. or towing a trailer. a car rental agreement may include various restrictions on the way a renter can use a car. in the absence of legal requirements. the term ends automatically when the period expires. This process is known as a "surrender" of the lease. periodic or of indefinite duration. For a commercial tenancy of more than a year. and may be terminated by either party without penalty. usually on a monthly or weekly basis. The term's duration may be conditional. in which case it lasts until a specified event occurs. so long as the landlord has told the tenant of the higher rent before the expiration of the original lease. it is determined by the law and custom of the jurisdiction in which the rental agreement is made. If it is for a specified period of time. some rentals cannot be driven off-road.  Car rental In addition to the above. In England it was held in the case of Ashburn Anstalt v Arnold that rent was not a requirement for there to be a lease. however the court will more often construe a licence where no rent is paid as it is seen as evidence for no intention to create legal relationship. such as the death of a specified individual.  Rent Rent is a requirement of leases in some common law jurisdiction. In the case of personal property. otherwise it is the same period as the period before the original lease expired. In New Zealand you may have to specifically endorse a promise that the car will not be driven onto Ninety-mile Beach (because of the hazardous tides). There is no requirement for the rent to be a commercial amount. either expressly or impliedly. the new tenancy is year to year. For example.  Term The term of the lease may be fixed. which normally converts the tenancy to a periodic tenancy on a month by month basis. In either case. the landlord can raise the rent.The landlord may also impose a new lease on the holdover tenant. A tenancy at will lasts only as long as the parties wish it to. and the condition in which it must be returned. "Pepper corn" rent or rent of some nominal amount is adequate for this requirement. without specific permission. For a residential tenancy. but not in civil law jurisdiction.  Formalities The formal requirements for a lease are determined by the law and custom of the jurisdiction in which real property is located.
months. when. extended periods. drop-off at a different location. agricultural. laundry facility. • • • Who: The parties involved in the contract.g. for comparison with the condition at the time the premises are surrendered. except for emergency repairs. especially when real estate is rented. a hotel room). A rental may delineate the rights and obligations of each of these. Finally. and a landlord would be trespassing upon the renter's rights if entry is made without proper notice and authority (e. pool. There should also be advice on handling thefts. and only those drivers appearing on the contract may be authorized to drive. The real estate may be rented for housing. flood. children. weeks. except under emergency circumstances. There may be statutory provisions requiring registration of . building. What: Rented real estate may include all or part of almost any real property. the lessor (sometimes called the owner or landlord) and the lessee (sometimes called the renter or tenant) are identified in the contract. roof-deck. A renter should be advised that he or she will be responsible for any parking or traffic violations incurred upon the vehicle during the rental period. UK). in case of fire. On the other hand.. etc. if the renter does not already have a policy to cover rentals—another important consideration for multiple drivers. terms for payment of the initial period (with discounts. vouchers. etc). balconies. When: the term of the rental may be for a night (e. The agreement may specify how and when these places may be used. 24 hours' notice. how much). or failure to top up the petrol immediately before the return. and by whom. and towing. Further terms may include added fees for late returns. A renter is in possession of the property. For example. The premises rented may include not only specific rooms. visitors. or years. or other reasons. with family. A housing lease may specify whether the renter is living alone. institutional. daytime. storage. business office(s) or suite. break-downs. knock first. farm.There will certainly be a requirement to show a driver's license. parking a vehicle(s). house.  Real estate rental A rental agreement is often called a lease. a "sub-let" to a stranger might not be permitted without permission of the landlord. the renter may also have specific rights against intrusions by the landlord (or other tenants). what. often held in the form of a credit-card authorization—voided if the car is returned per agreement. It may include an option to purchase auto insurance (motor insurance. There may be detailed description of the current condition of the premises. or merely an inside or outside space to park a vehicle. or store things. such as an apartment. land. basement or attic storage. Some agencies may even require a bond payable if the car is not returned in order. In addition to the basics of a rental (who.g. room-mate. there may be provisions for making a non-refundable deposit with a booking. or government use. but also access to other common areas such as off-street parking. accidents. This also applies to whether or not pets may be kept by the renter. business.. a real estate rental may go into much more detail on these and other issues. and any damages or other fees that accrue prior to the return. etc).
Damage deposit. Similar to condominium coverage. without a court order of eviction. If a tenant at will is given notice to quit the premises. or forfeit the security deposit immediately (because there is no way to determine whether a prior tenant was responsible). There is a special type of the homeowners insurance in the United States specifically for renters — HO-4. a renter's insurance policy covers those aspects of the apartment and its contents not specifically covered in the blanket policy written for the complex. This policy can also cover liabilities arising from accidents and intentional injuries for guests as well as passers-by up to 150' of the domicile. or remove personal belongings.  Deposit See also: Security deposit. seven) in order to be enforceable against a new landlord. then the parties may agree that the lease will be automatically renewed..g. Common coverage areas are: • • Fire or Lightning Windstorm . There may be strict rules of procedure. owned by the tenant. Leaving a long-term lease before its expiration could result in penalties. In many places it is completely illegal to change locks on doors. and stiff penalties (triple damages. or as otherwise agreed.  Insurance In order to rent or lease in many apartment buildings. meaning the policy states specifically what you are insured against. annually.any rental that could extend for more than a specified number of years (e. The "last month's rent" is rent that has yet to be earned by the landlord. a renter (also referred to as a “lessee") is often required to provide proof of renters insurance before signing the rental agreement. Other regulations may require the landlord to submit a list of pre-existing damage to the property. or it may simply convert to a tenancy at will (month-to-month) at the pro-rated monthly cost of the previous annual lease. and refuses to do so. Renter’s policies provide "named peril" coverage. If a tenant stays beyond the end of a lease for a term of years (one or more). let alone forcibly eject a person. A typical arrangement for tenancy at will is "first and last month's rent" plus a security deposit. In some states. after diligent pursuit). the landlord must provide the tenant with the name and account number of the bank where the security deposit is held. and pay annual interest to the tenant. the landlord then begins eviction proceedings. • How much: Rent may be payable monthly. or even the cost of the entire agreed period (if the landlord is unable to find a suitable replacement tenant. or in advance. plus attorneys' fees) for violations. referred to as a HO-6 policy. but held by the landlord until the premises are surrendered in good condition (ordinary wear and tear excepted). and the amount of rent may be different for long-term renters (because of lower turnover costs). and Key money The security deposit is often handled as an escrow deposit. A typical rental is either annual or month-to-month. This is commonly referred to as renter’s insurance or renter's coverage.
This section requires expansion. Sublessor remains liable to the original lessor for any damage to the property and for payment of rent. aircraft. the free dictionary. snow. leaving a partial amount of the rent left up to the original lessee. the owner of an office building may lease the whole building to a management company. It is sometimes illegal to charge the subtenant more than the original amount in the sublessee's contract (for instance. volcanic eruption. In a vehicle sublease. This means you are renting and renting out the same property at the same time. In real estate law.  Sublease Look up sublease or sublet in Wiktionary.  Land lease A land lease or ground lease is a lease in which the tenant rents and uses the land. and is usually for a longer term than the subleases. and the individual tenants are subtenants or sublessees. smoke. hail. sleet. and the new lessee the sublessee.• • • • Smoke Vandalism or Malicious Mischief Theft Accidental Discharge of Water  Additional events including riot. and weight of ice may also be covered. it is a growing trend in the travel industry as a less expensive alternative for travelers and locals. Although this arrangement is not popular. the management company (which was previously the lessee under the original lease) becomes the sublessor. Often the original lessee requires a lower rent payment from the sublessee than what he or she may have originally paid. The management company is said to sublet the property to the individual tenants by means of a sublease.  Head lease A head lease is a lease between a tenant and a landlord in which overall contractual responsibility is given to one identifiable tenant called the head lessee. or subtenant. in a rent control situation where the rental amount is controlled by law). This company may then sublease parts of the building to other people. sublease (or. a lessee or vehicle owner can assign a lease to a third party and by way of contractual agreement for specific dates. . For example. This form of lease normally relates to an entire building which is multi-tenanted and subleased. explosion. In this event. thereby making the old lessee the sublessor. A sublease can also apply to vehicles as an alternate type of car rental. but owns the temporary or permanent buildings and other objects placed upon it. less formally. sublet) is the name given to an arrangement in which the lessee in a lease assigns the lease to a third party. falling objects.
says: I was offered month to month after the one year was up. yes. I could sign for another year at a lower rate.. Elite '10 322 127 . then they can just give you 30 day notice and kick you out anyway. so. Thereafter it shall become a month-to-month tenancy. SB Elite '10 658 235 3/9/2008 Zizi "probably doesn't like you much" B." I thought that meant that when my lease expired I would be able to go to month-to-month indefinitely.Is month-to-month a right after your lease expires? Elite '10 359 309 3/9/2008 sarah beth "foodfucker" S. says: My landlord is asking me to sign a new 1 year lease.. you're up to their terms.until March 31st 2008. My current lease says " . says: I am in a rent controlled unit. it wouldn't make much of a difference. I mean. only another year lease or I move out now.does anyone have any info on this from experience? THANKS... 633 574 3/9/2008 Kendo U. 3/9/2008 This Yelper's account has been closed. But she is saying she can't do month to month.. it's another story. even if they do HAVE to give you month to month. says: Are you under rent control? If so. I kind of thought it was a tenant's right to do so after a year... Thanks for your advice. I will call LAHD in the morning but I don't know if I'll get someone on the phone. Elite '10 359 309 3/9/2008 sarah beth "foodfucker" S.. but if you're not. but at a much higher rate. Or.
I also asked if there are any differences in the rent stabilization laws between month-to-month renters or lease renters and they said no. Only if she doesn't give me one before the date of the lease's expiration would I be automatically entitled to month to month. it's good for you. says: LAHD said its within her rights to ask me to sign a new one or move out. and that reason might be your refusal to enter another year-long lease. See the esctions on "Before You Agree To Rent" and "When You Have Decided To Rent. But that won't be me since I'll have to either sign a new lease or move out. This is not an eviction. If you plan to leave before that.ca. Your best bet is probably to do what you planned (call LAHD).. they can't raise the rent but once a year at 5% maximum. the CA Department of Consumer Affairs website has more info than the LAHD website: http://www. Must he give me until the end of a month to move out. The owner and I verbally agreed on the end of April as the approximate termination date. So if you're in a rent controlled unit doing month to month.3/9/2008 Chris "The Other White Meat" B. Elite '10 359 309 3/10/2008 sarah beth "foodfucker" S. it might be bad. She is probably within her right to do this. because rent cannot go up during the lease period.. says: "Thereafter it shall become a month-to-month tenancy.gov/. or can he insist that I move out mid-month? The exact wording on the lease is as follows: “The tenant or the landlord may determine not to .dca. You actually have more protection with the lease. but yesterday he told me to expect a 30 day notice within the next week. unless it is specifically allowed in the agreement." 3/9/2008 This Yelper's account has been closed. Elite '10 322 127 3/9/2008 Chris "The Other White Meat" B. he just wants his place back earlier than planned. says: Also. If you plan to be there another whole year. Month-to-month lease: Can the landlord terminate the lease mid-month? 28 Mar I have been renting a condo as a “winter rental” on a month to month basis." Which means she can ask you to leave at any time (with notice) for any reason.
that I know of. 2010 at 9:39 pm He has to give you 30 days notice in most states. Wysteria March 28. 2. terminate 1. midmonth.continue this contract at the conclusion of any month. provided written notice of intent is given within 30 days prior to the conclusion of the month. 2010 at 9:50 pm . lease. monthtomonth.” • • • • • Landlord terminate lease agreement before I moved in.any advise? Is a landlord required to provide a written 30 day notice if the lease is an oral month-to-month agreement? Landlord gave me a written notice stating ok to terminate lease. jerrywv March 28.And I gave security deposit. now suing? Can a landlord demand that I sign another 1 year lease after my first ends and not allow month-to-month? Is a landlord required to provide a written 30 day notice if the lease is an oral month-to-month agreement? 12 Comments Posted in Lease Month Tags: landlord.
Mid month is legal. 2010 at 9:50 pm He can ask you to leave with 30 day notice anytime. It’s legal. Start looking. 2010 at 10:21 pm 30 days notice is all that is required. 5. the landlord or you can terminate the lease with 30 notice. 2010 at 11:13 pm with month to month lease. 4. 3. . Kevin M March 28. singledad March 28. sounds like thats what he is doing.Your lease would clarify this. hey at least the person is telling you in advance. spot March 28.
2010 at 11:24 pm A verbal agreement is as good as a written one although it’s so hard to prove in court. the end of April. Besides. Tom T March 28.” . Camoguntruck_lady March 28. There’s no obligation for your landlord to have to give you until the end of “a” month either unless it’s in a formal lease agreement executed by both parties. Your landlord didn’t have to give you a heads -up on the notice however. You can. There’s a saying among business people:” In business. You had a ‘verbal month to month agreement’ which means either one of you can terminate with a 30 day notice. Yes they can give you a notice midmonth.6. You get what you negotiate. beings your agreement was a ‘verbal month to month’ it does not count as a 6 to 12 month verbal lease agreement. Or you two can compromise and make the end date a week after mid-month. by your own admission is only an “approximate termination date” anyway. 7. you don’t get what you deserve. 2010 at 11:21 pm Start looking for another place to lay your head. however appeal to his good nature to let you stay a couple of weeks longer if you had difficulties leaving at mid-month. that was nice of him. You may have originally decided together that you’d rent till April however.
The link below will give you more basic information– If the landlord wants a tenant to move out and does not give a reason. Check with the fair housing department in your state.8. DS March 28. It sounds like he found someone who is willing to pay more per month then you. . The tenant must receive the notice at least 20 days before the next rent is due. Maybe he has received complaints from the other tenants about you and the unit. It puts you in a awkward position. the tenant must be given a 20-day notice to leave. 9. In California you must now give a sixty days notice with no cause stated. 10. 2010 at 11:47 pm Either party can give a 30 day notice to move. If you had only verbally agreed you have no proof to back you up on your claim that he agreed to let you move out at the end of April. In Nebraska a landlord can kick you out for any reason at any time if you are on a month to month lease. jncwhite March 29. always get a written agreement. This could be a learning lesson for you. 2010 at 12:02 am If he gives you a 30 day notice there isnt a lot you can do.
I’d think he would have to give that to you thirty days before the beginning of the month. . goz1111 March 29. I think if he only wanted to rent to you for part of the month. I believe he can ask you to leave whenever he wants to. boston857 March 29. 2010 at 1:12 am some states require 30/whole month notice while others just require 30 days total ca i believe what is most likely going to happen is that in Jan he will give a 30 day notice to move out by Feb 28 12. He is essentially only offering you a half month (for example) as your next month’s rental agreement. Hmmmmm… 11. he would have to give you notice of that thirty days before the month began.Phoenix March 29. But then again. You will have 30 days from the notice date to vacate. 2010 at 12:39 am As long as he gives you thirty days notice. Now I’m not so sure he can do that. 2010 at 2:09 am He has acted accordingly.
both the landlord and the tenant may give thirty (30) days notice to the other party of his/her intention to terminate the rental agreement. Typically.dinglepartners. If the tenant is not in default at the time of the expiration of the lease term. the landlord may choose to terminate the agreement and take possession of the rental property from the tenant.com/rentalagreements At the end of the period of time set forth in the lease. the lease may have a provision under which the tenant is given an "option" to renew the lease for a specified amount of time. Typically this notice must be provided to the other party in writing. the rental agreement states that the landlord must provide written notice to the tenant thirty (30) days prior to the expiration of the lease term of the landlord's intention to take back possession of the rental property (and the tenant will have to move out at the end of the lease term). Furnished or Unfurnished.Landlord Tenant What happens to the right of use and possession at the end of the period of time set forth in the lease? Ads by Google Rent Melbourne Apartments Huge City Selection! Short or Long Term. that the lease term will automatically be set as a month-to-month lease. the tenant may be able to send written notice to the landlord of his/her intention to exercise the option of renewal and continue to use and occupy the rental premises for the duration of the option period. the notice could be disregarded and the rental agreement .au Standard Rental Agreement Professional rental agreements by the experts inkdocs. However. In the event that less than thirty (30) days notice is provided. Many leases state that if the lease is not renewed as of the expiration of the lease term (such as a six month lease without an option to renew for an additional six months). www. Under a month-to-month lease.com.
3163 and House Bill No. also known as the Rent Control Act of 2009. 2010 I want to do this! The Philippines Rent Control Act of 2009 imposed a one-year prohibition on rent increases for affected properties. The Philippines Republic Act No. this notice is defective and the landlord can continue to hold the tenant responsible for the payment of rent for the rental property for the month of August 1998. Purpose of Legislation 1. 6098. eHow Contributor updated: April 29. 2009. A consolidation of Senate Bill No. . 9653. 1998. imposed a one-year moratorium on rent increases for affected properties and also limited the amount by which rent can be increased until at least the end of 2013. 1998 of his intention to vacate the rental property on August 1.continues. which were passed by the House of Representatives and the Senate on May 26 and May 27. the Rent Control Act of 2009 was designed to encourage the development of affordable housing for lower-income people by protecting them from unreasonable increases in rent. which was 15 days after its complete publication in at least two generalcirculation newspapers. 2009. For example.000 pesos and imprisonment between one month plus one day and six months in duration may be imposed on a person who violates provision of the act. Rent Control Laws of the Philippines By Ian Graham. Fines of 25. It prohibited the landlord of any residential property it covered from raising the rent for one year from the time it took effect. approved by President Gloria Macapagal Arroyo on July 14. if a tenant gives notice to the landlord on July 15.000 to 50.
is allowed under the Rent Control Act of 2009 under the following circumstances: if subletting occurs without the owner's consent. 2013. or if a lease contract has expired. without the written consent of the landlord. . or accepting boarders. After December 31. The Rent Control Act of 2009 covers any residential unit with a monthly rental rate of one to 10. the act grants the Housing and Urban Development Co-ordinating Council (HUDCC) the authority to continue regulating rent. the monthly inflation on rentals of the preceeding year and the rental price index. A property will cease to be covered by the act if a tenant enters into a rent-to-own agreement with the owner. Judicial ejectment.Affected Properties 2. the Rent Control Act of 2009 limits the rent increase on any residential property it covers to no more than seven per cent per year while it is occupied by the same tenant. It also stipulates that HUDCCC will review the act's inplementation and study rental regulation every three years to give Congress a recommendation on whether continuing regulation or deregulation is warranted. It limits landlords to requiring no more than one month's rent in advance and prohibits deposits greater than two months' rent. it covers rental properties with rents between one and 5. providing any lease agreement has expired. It also gives HUDCC a mandate to create and implement a two-year transition program to be put in place if deregulation is recommended and approved. Tenants are prohibited from subletting any part of a rental property. if the owner wishes to make repairs to the property because it is subject to an order of condemnation. but boarding houses.000 pesos per month. It allows landlords to set a new intial rent for a new tenant after it becomes vacant. Eviction 5. Rights and Responsibilities 4. The act also allows landlords to use any deposit to pay for unpaid utility bills or damage caused to the property by the tenant and return any balance to the tenant. if the owner wishes to repossess the property for personal use or use by his or her immediate family. In other areas. to determine the period of rent regulation and to extend rent regulation. The Rent Control Act of 2009 requires that tenants pay rent in the first five days of the month unless the contract provides otherwise. dormitories and other rooms rented to students may not have their rent increased more than once per year. 2013. Rent Increase Limits 3. A tenant can not be evicted solely because a property has been motgaged or sold. which must be kept in a bank under the landlord's name with any interest accrued being provided to the renter when the lease contract ends. if the tenant fails to pay rent for a total of three months. Following the one-year moratorium on rent increases and until December 31. as well as to adjust the annual rent increase limit based on the National Statistics Office census on rental units.000 pesos in the National Capital Region in and around the capital city of Manila as well as in other highly urbanized cities. current rental rates. or eviction.
That's a fixed term lease. or consider getting some help from a real estate lawyer before you try to terminate a lease. the notice rules for terminating a periodic lease apply. A fixed term lease expires at the end of its term. periodic lease.com http://www. if you remain on the premises after December 31 (called "holding over"). So. such as selling drugs Some examples of a landlord's breach of the lease that might cause a tenant to terminate include: • Breach of the covenant of quiet enjoyment. which renews each month until one of you terminates it. notice usually has to be in writing and it must be sent via registered or certified mail. Also. as stated above. or "month-to-month. you have to let the other party know that you want out of the lease beforehand.com/about_6398636_rent-control-laws-philippines.html#ixzz17D5dari6 Terminating or Ending a Residential Lease Text Size: Lawyers. The landlord-tenant laws of most states. and generally no notice is required. say you sign a lease for 12 months. with specific beginning and ending dates Periodic. For example. 2009. Maybe your tenant refuses to get rid of her dog even though you've asked her to do so because the lease has a "no pets" clause.comsm There are dozens of reasons why you might want to terminate a lease. The most common reason why someone wants to terminate a lease early is because one party breached or violated the lease. In most states. the party who wants to terminate a periodic lease must give notice to the party that he or she wants to terminate the lease. They are: • • Fixed term. so long as the proper notice is given. allowing a co-tenant/neighbor to play loud music late at night over your objections and complaints ." which is a lease for a specific amount of time. have detailed provisions for terminating or ending a residential lease. and according the language in many leases. For example. beginning on January 1. such as having a dog or other pet when the lease contained a "no pet" provision • Committing illegal acts on the premises. and the ordinances of many cities." which is a lease for a specified period of time. Types of Leases & "Notice" You're likely to come across two basic types of residential leases. or delivered in person to the landlord. Maybe you're changing jobs or graduating from college and you need to relocate. on the other hand. you've created a month-to-month. In most states. Of course.Read more: Rent Control Laws of the Philippines | eHow. or "tenancy for years. which is a promise by the landlord that the tenant will have the exclusive right to use and enjoy the leased premises. Often. the landlord might want to terminate the lease because the tenant: • • Remained on the premises after not paying the rent Broke a major provision of the lease. in peace. even though there are others. and if it's not properly terminated before the end of the term.ehow. For example. be sure to check those laws carefully. if the tenant holds over after it expires. Also. when and how it can be terminated early. it automatically renews for the same period of time These two types of leases are often related. A fixed term lease. the type of the lease has an impact on if. 2009 and ending on December 31. unless one party wants to terminate it early. Grounds for Termination A periodic lease can be terminated at anytime by either party. usually can be terminated early only for a reason. usually 12 months or more.
such as. the tenant's rights in the property end. However. lease agreement. and the term.• Breach of the warranty of habitability. the tenant pays for one month at a time. becomes the new owner What Changes? When a lease is properly terminated. technically. contract. usually a bank or mortgage company. and the tenant is no longer liable for future rent payments. the lease doesn't terminate and the buyer/owner becomes the landlord. Apartment rentals are frequently for one month. Or. What can happen if I sublet it and the landlord finds out? My landlord gave me notice of termination of our month-to-month lease. a landlord can't remove a tenant from the premises without going through the eviction process and getting a court order. In this sense. is often preferred by investors and management companies because it seems to offer financial security and stability. This includes foreclosures. and the contract expires at the end of one day. That is a significant advantage from a managerial point of view. In most states. If you rent a vacation cabin for a week and pay for a week. he or she will likely be liable for some or all of the rent that would have been due and paid to the landlord for the entire term of the lease. dissolving a long-term lease agreement before the expiration date is . you pay for one day. allow one party to terminate include: • A specific event stated in the lease. The tenant must surrender the property to the landlord. "this lease will terminate if the premises are destroyed" by fire or natural disaster. the rental contract expires at the end of one week. If the tenant holds the premises after the expiration or in violation of the terms of the lease." such as by keeping the premises structurally safe and providing adequate heat and water Some other things that will. where the new owner. which is the landlord's responsibility to keep the premises safe. the landlord can begin an eviction lawsuit to regain possession of the property. That is. or won't. either party may terminate the contract at the end of the payment period (month). The term. Either the tenant or the rental company may allow the contract to expire at the end of the month by not renewing the contract. The other type of contract. although he or she may be liable for unpaid rent up to the date of termination. a lease agreement for a specified term. usually a year. and then he changed the locks on the doors. if the tenant terminated the lease early without good cause. Can I let her out of the lease and make his roommate pay the entire rent? My one-year lease has a "subletting" clause. terminating the lease is the first step of the eviction process. The month-to-month lease agreement allows the apartment manager and the management company the opportunity to fairly easily dissolve the contractual relationship with a tenant. Can he do that Lease Agreement A rental contract between a tenant and an apartment management company is. a lease agreement. No justification is required to terminate the contract. clean and "livable. Questions for Your Attorney • • • My tenant wants to terminate a lease early. for example • • The bankruptcy of the tenant is not a ground for termination by either party Unless the lease provides otherwise. will be used interchangeably in this document. If you rent a hotel room for one day. if the premises are sold. and I need to get out of it early.
in your case. Every contract should contain the names of all adults who live in the apartment and all of those adults should sign the contract. You are now in the position of saying: "I let your neighbor vacate without penalty but. The author has knowledge of the following situation. the costs may exceed the benefits. if that happens. The following is an example of the way that obligation might be expressed.g. If you need to evict a tenant who holds a long term lease agreement. There may be a case when an adult. The rental company has an obligation to diligently attempt to rent the apartment. The obligation may be specified in the agreement or by law. Now suppose the tenant in the apartment next door. Proving failure to pay rent is fairly easy. Generally." If you resort to legal process to enforce the contract. All lease agreements require some or all of the following. Legal pursuit of the matter might prove both costly and futile. A tenant had uncontrolled children who were causing problems in the apartment complex. who will not be living in the apartment. The problem lies in enforcement. And if you discover you need to evict for a reason not mentioned in the lease. The apartment management company attempted to evict but failed. Eventually there were six neighboring apartments that were unoccupied because the tenants had moved out to escape the problem. the tenant owes some obligation to the rental company. Certainly. you must be prepared to prove that the tenant has violated one or more of the specific provisions of the written lease. the court held for the tenant. you risk damaging the reputation of your apartment complex. A tenant who vacates prior to the expiration of the lease agreement shall continue to pay rent until the rental company can rent the apartment to another tenant. the outgoing tenant is obligated to pay the difference for the duration of the original agreement. A tenant abruptly loses a job and cannot pay the rent. Do you want to enforce the lease agreement? You will probably allow the tenant to vacate without penalty. I am going to enforce the lease agreement. long-term lease agreements need to cover every contingency that might arise and cause difficulty for the tenant or for the management company. . If a tenant desires to escape a long-term lease agreement prior to the expiration date. who holds a good job. is offered an even better job 2000 miles away. a one year agreement. the tenant is in possession of the apartment and you have no contract governing that possession. Proving other violations of the lease can be difficult. You will want a clause that prohibits subletting of the apartment. provided that the tenant starts work immediately. A tenant should never be given a key to the apartment or allowed to place any object in the apartment prior to the date the lease begins because. If the apartment management company is unable to rent the apartment at the same rate paid by the out-going tenant and must accept a lesser rate. e.sometimes desirable or necessary and doing so can be difficult for the tenant or the company or for both. The signatures of both the responsible party and the occupying party should be on the contract and all contract signatures must be witnessed by an agent of the apartment management company or by a notary public if someone signs in absentia. elects to accept contractual responsibility to enable an adult son or daughter to occupy the apartment. you have an even greater problem.
As society changes. Two contracts are required. our intent to retain tenants to the maximum feasible extent. on the management company's legal staff when contract problems arise. If you allow a person to move in without meeting these requirements. investors and apartment management companies tend to prefer annual lease agreements. The apartment manager is advised to rely. An apartment manager should be aware of the problems. or if the move-in occurs surreptitiously. as previously noted. parking space controls. Making too much noise or doing so at an unreasonable time has always been a problem. Just about any relevant lawful term or condition can be written into a lease agreement. There is a government program that provides rent assistance payments for persons who qualify.e. Attempt may be the operative word. and the managerial skills required to effectively utilize long-term lease agreements.Sometimes a tenant who is occupying an apartment may want to move another person into the apartment. and sign the lease agreement. For example. in recent decades it has become prudent to include a clause to the effect that any unlawful drug activity will be grounds for termination of the contract and eviction of the offending tenant. extensively. i. share the apartment. from whom you cannot collect rent. But that problem has been intensified by the sale of audio devices powered by wattage sufficient to amplify a football stadium. The author is aware of a case in which a court held that the tenant had a right to operate a child day care service from an apartment. of course. But that cannot be accomplished by a contract. Tenants sometimes prefer a one-year lease agreement because the rent rate cannot be increased during the contractual period. It is. Tenant retention is the result of our entire range of management activities. Potential tenants may be offended by the length of and terms in the apartment lease agreement. The lease agreement should expressly demand that any adult whom a tenant proposes to move into the apartment be required to submit a credit report. But it should be noted that most sales or service contracts are complex and contain a vast amount of "fine print. and other rules and restrictions that are necessary for satisfactory operation of a community of human beings living in close proximity. The rent rate must meet government approval. And. Management of apartment complexes that accept rent assisted tenants is somewhat specialized. and who may be very difficult to evict." Those contracts reflect the requirements of doing business in a complex society. especially those that may disrupt the peace and tranquility of the neighbors. It is desirable to attempt to contractually preclude the tenant from conducting business operations from an apartment. one between the apartment management company and the tenant and an additional contract between the . new contract provisions are required. Some of the language or provisions may reflect the local jurisdiction where business is conducted. you may eventually have a person you cannot identify in possession of an apartment. This writing may appear partial toward insuring a capability to dissolve contracts. the opportunities. Apartment lease agreements have a substantial number of clauses that identify the parties and establish the terms and conditions to which both parties must adhere. meet all company requirements. Other clauses or addenda may include a pet policy.
sexual orientation. it's hard to know when GO you've been discriminated against and it can be difficult to prove. a partial payment from the tenant and the government share of the payment. You can also file a Site Search fair housing complaint with HUD at (800) 669-9777. A lease gives you and your landlord rights and responsibilities. gender. or because you have children. even if it's not in writing. check with LIPA to obtain copies of old utility bills for that house or apartment. is how much the rent is. the law requires the landlord to have the meter in his name. The old bills will give you a history of past utility costs and a good idea of how much you will be paying for utilities each month. Do not enter into a lease agreement with a minor. If the utility meter is shared with others in the building. Discrimination Sign up for our Email A landlord cannot refuse to rent to you because of your race. Eviction. of course. Two rent payments must be collected. Often. þÿ Search Before you Rent You can avoid trouble later on by being careful when you first rent a house or apartment. should it become necessary. national origin. If you think a landlord has discriminated against you.apartment management company and the governmental agency. disability. Does the rent include heat and electricity? If you will be paying your own heat and electricity. . The first thing you'll want to know. religion. may be very difficult because of the additional contract with the governmental agency. The important thing to remember is that you can have a legal contract with your landlord. Translate this Page About NSLS Legal Services Self-Help and Info Newsletter Contact NSLS Job Opportunities Legal Links Donations Home What Every Tenant Should Know… Lease A lease is a written agreement between a landlord and a tenant that contains the terms and conditions of the rental. age. you can complain to Long Island Housing Services at (631) 467-5111. marital þÿ Newsletter status. a landlord must offer a written lease in buildings with 3 or more apartments. Special note: In Suffolk County.
that part of the lease is invalid and cannot be enforced. It's a good idea to get this in writing. Talk to your future landlord and find out when he will fix any problems. The money deposit is usually equal to one or two months rent. Also. But. stove and refrigerator. When you move out. take pictures of each room. it must be consistent with New York State law. If you qualify. The landlord has to tell you how much was deposited and the name and address of the bank he or she put the money into. Your landlord may ask you to sign a written lease before moving in. If you can. The deposit you give your landlord is still your money and can't be spent by the landlord. You might want to talk to other tenants in the building to find out about any problems they may have had with the landlord or the building. You should get all of your security deposit back “within a reasonable time” after you move if you haven't damaged the apartment and are up-todate with your rent. you are entitled to receive a signed copy of the lease. Written Lease A written lease is just a written agreement signed by both you and your landlord. Ask him what to do in case of an emergency.Security Deposit Before you agree to hand over rent or a security deposit on a new place to live. The deposit is intended to cover damages beyond normal wear and tear. If the landlord refuses to return your security deposit and you feel that you are entitled to it. Most landlords require tenants to give a security deposit. that does not mean the entire agreement is . plain English. (Call the NY Public Interest Research Group NYPIRG for information on Small Claims at 631 632-6457). inspect the apartment or house carefully. Be sure to get your landlord's address and phone number. If a part of your lease violates the law. you can take the landlord to small claims court if the amount is less than $3. and storm doors. check with the landlord about things like trash cans. The law says that the lease must be written in clear.000. Also. Take a friend with you and write down anything that needs to be fixed. the Department of Social Services can assist you with your security deposit. Get a receipt for your security deposit and save it. Always read a written lease very carefully BEFORE you sign it! Ask questions if you don't understand something in the lease. Whether your lease is written or verbal. take pictures of the premises. The lease can't be changed while it's in effect unless both you and your landlord agree.
of course). Most written leases are good for a year. Most people pay their rent once a month. but can end your tenancy by giving you appropriate notice and then bringing a holdover proceeding. Some things the lease should include. but they can be longer or shorter. the landlord must give one month’s notice to . A landlord can propose to raise the rent of a month-to-month tenant without the tenant’s consent.invalid. once you’ve been in the apartment one month. (It may be worth it to negotiate with the landlord on an increase in rent that you can afford. what utilities are included in the rent) The main advantage of a written lease is that your landlord cannot make you move or raise the rent until the lease ends (as long as you pay your rent and follow the rules in the lease.. how long your contract lasts depends on how often you pay your rent. The lease gives the you the right to “quiet enjoyment” of the property until the lease ends. (Also. tenants who stay past the end of a lease are treated as month-to-month tenants if the landlord accepts their rent).. one year) -both the landlord's and tenant's responsibilities (such as. you might be charged with the remaining rent even after you move! Another possible downside of a written lease is if it includes the promise to pay attorney's fees in case of an eviction (this is the only way a landlord can charge you attorney's fees). If you don't find a new tenant for the rest of the lease term. Even if you pay weekly. -the address of the place you are renting -the landlord's name and address -the amount of rent and when it's due -the amount of time that you'll be renting (for example.) Notice to terminate the tenancy before bringing a holdover proceeding must include a full month's rent period and clearly state the date that the tenancy ends. Month-to-month tenancy If you do not have a written lease. Keep a copy of your lease in a safe place. you or the landlord can give either verbal or written notice when you want to change the agreement. which is called a month-to-month tenancy. One bad part about a written lease is that if you want to move out before the lease ends you may have to find a new tenant to take your place. if you do not agree to pay the new amount. However. the landlord can’t evict you for nonpayment. With a month-to month tenancy.
e. Be sure to get and save rent receipts from your landlord for all payments you have made. If you receive court papers for an eviction. If you don’t pay by check or money order. The landlord does not have to explain why he or she wants the apartment back. You must also give the landlord notice a FULL MONTH'S RENT PERIOD before you move out. If you pay your rent with a check or money order. Even if you pay by money order. It’s a good idea to write on the check or money order the period that the payment covers. you can get a receipt if you ask for one. you are entitled to a receipt. the cancelled check or money order stub can be saved as your receipt. New York State law requires that your landlord give you a receipt. Such notice does not automatically let the landlord evict you. any photographs you've taken of the premises If there is damage to the apartment before you move in.terminate the tenancy. building manager. Unwritten Responsibilities New York State law says that some responsibilities are part of your . the landlord must bring you to court. If you pay by check. You are more Aat risk@ than a tenant with a written lease because the landlord can end your tenancy as long as he lets you know a FULL MONTH'S RENT PERIODusually thirty days) before the next due date of the rent. etc. the amount that you paid. New York State law requires that the rent receipts include: the date you paid the rent. The important thing to remember is that you have a legal contract with your landlord. apartment. the address and whether it's a house. landlord.) and the signature and title (i. Both you and your landlord have to live up to that contract.e. etc. even if it's not in writing. in case you have a problem getting your security deposit back. This should include: • • • • • • a copy of the lease (if you have a written one) a receipt or cancelled check for your security payment rent receipts receipts for any repairs that you have made to the rental property copies of all correspondence with the landlord. remember to take pictures of it or make a detailed list of the damage and ask the landlord to sign it. the amount of time that the money is paying for. ) of the person who received the rent. the place being rented (i. If you don't move out on the day that the tenancy ends. contact an attorney immediately to learn what your rights are. Record Keeping Keep copies of ALL paperwork relating to your tenancy and keep them in a safe place. This is important.
and you must respect them. the landlord must offer a lease in a buildings with 3 or more apartments. these things are included in your agreement whether your landlord tells you about them or not. and to take steps to protect them: • You are responsible for paying the rent on time. Always get a signed receipt for your rent. your landlord must put a mirror inside so you can see if anyone is already in it. Save all your rent receipts. • If you live in an apartment building with three or more apartments your landlord has special responsibilities in making your apartment a safe and comfortable place for you to live: • • • If there is an elevator. Other tenants in your building have rights too. your landlord must make sure that your rental space is safe and livable: • • Heat must be supplied to your apartment from the beginning of October to the end of May if the outside temperature is below 55 degrees Fahrenheit. all doors to enter the building must close and lock automatically. The best way to pay your rent is with a check or money order so that you have a record of your payment. In other words. You are responsible for any damage to the apartment that you cause aside from normal wear and tear. You must also allow the landlord to come in to make the needed repair. gas leak or flood. The landlord is responsible for putting a smoke detector in any area where someone sleeps. . The landlord’s right to enter the premises requires your permission. It's important to know what these responsibilities are. Without your permission the landlord is trespassing unless there is an emergency he needs to address inside. You must let the landlord have access to the apartment to make repairs and collect the rent. You should not disturb them by being too noisy or cluttering up common areas such as halls. • • • • Your landlord also has responsibilities when he rents you a place to live. Try not to pay your rent with cash. In most buildings. such as a fire. Whether your lease says so or not.agreement with your landlord even if they are not spelled out. unless there is a door person. Your landlord can keep all or part of your security deposit to pay for any damages that you cause. In Suffolk County. You must let your landlord know when a repair is needed.
If you are denied help from DSS. If it is. You must prove to the agency that you will be able to pay the ongoing rent after DSS helps with the back rent. If you are short of money and can't pay your rent there's a couple of things that you can try. Your landlord can evict you for not paying your rent. It is a good idea to get written estimates before making repairs and to write the landlord that you plan to make the repairs if he doesn’t. One action you can take is to make the repair yourself and take the amount you spend out of the next month's rent. In emergencies. It is a good idea to mail this request A return receipt requested and. The landlord doesn't have to use the security that you pay to cover one month's rent. This is called repair and deduct. if the landlord agrees to let you use the security to cover a month's rent. If your landlord still refuses to fix the problem. This security is to protect the landlord in case there is damage to the apartment or common areas. of course. You may be able to get help for one month's rent from other agencies or even agencies that get federal money (called FEMA) that is put aside to help people in your situation. you may qualify for emergency help from the Department of Social Services (DSS). If you can't pay the rent. Repair and Deduct It is your right as a tenant to have a livable. Let him know when you will have the rent money. keep a copy of the request for your records. safe and sanitary apartment. If you need repairs tell your landlord and ask when the repairs will be done (if it's an emergency. Try to work out an agreement with your landlord and get it in writing. notify your landlord immediately!). you may make necessary repairs and deduct the repair costs from the rent. For example. Otherwise. you should try and talk to a lawyer before you take any of the next steps. save the papers that say so and request a fair hearing (516 739-4868). asking him to make the repairs. send the landlord a letter. you may hire a locksmith . you must decide if it is serious enough to fight about. if your landlord has been notified that your door lock is broken and doesn't repair it. When your landlord sees that you spent part of your rent on repairs. he may try to evict you. If the landlord doesn't keep his word or doesn't take care of the repairs quickly. The judge will decide in court whether it was okay for you to repair and deduct. So. First. make sure this agreement is in writing and signed by the landlord.Default on rent payments It's your responsibility to pay your rent on time. you may pay to repair something and not be entitled to have the money returned. talk to your landlord. Call Law Services for advice and information.
pictures. Another way to get your landlord to make repairs is not to pay the rent until he fixes the problem. Your landlord may make the repairs if you withhold the rent. get a money order or bank check for the amount of the rent. Follow these steps carefully: 1. Remember. make sure that you have written your landlord about the problem and given him a chance to fix it. But. witnesses to prove your side of the story and the rent money. 2. such as writing letters to the landlord telling him about the problem. Do not spend the rent money. Keep a copy of the letter. Talk to a lawyer before you withhold your rent. Find out if you have done everything you need to. or repair and deduct. Or he may take you to court to try to evict you for not paying the rent. but he did not make the repairs. You should only withhold the rent if there are bad health or safety problems in your home. and lead paint issues) to look at the problem. Before you withhold rent. your landlord may try to evict you if you withhold your rent. Talk to a lawyer to see if the problem is serious enough to withhold rent. 4. 5. A lawyer (if you have one) can put the money in a special bank account called an escrow account. cesspool backup. Contact the Town’s Building Inspector (also called a Code Enforcement Inspector). If you do not have a lawyer. DO NOT SPEND THE RENT MONEY. Send a copy of it to the landlord to show that you have the rent.and deduct the cost from the rent. Rent withholding is a serious step to take. If your landlord takes you to court be ready to show the judge that: -There is a serious health or safety problem in your home -You let the landlord know about it. the Fire Marshall or the County’s Department of Health (for things like no heat. but are not going to give it to him until the repairs are made. The judge will decide if the problem was serious enough to withhold the rent. 3. -You have the rent money 6. This is called rent withholding. Take photographs of the problems that can be photographed. It is very important to save all receipts for the repair. You must take the right steps to protect yourself. The judge may say that you do not owe all the rent money . You must be prepared to go to court and prove that your home has serious problems and your landlord won't fix them. Write a letter to the landlord saying that you are going to withhold the rent and why. Your landlord may try to evict you for not paying your rent if you withhold rent. Bring to court copies of the letters to your landlord. inspector's reports.
If your landlord turns off your utilities. witnesses. But. you should call DSS to arrange for emergency housing and storage. you can sue for three times the damages you suffer. This is called retaliatory eviction and it's against the law. it is important to contact us at Nassau Suffolk Law Services to see if we can help. Sometimes. such as. you can't be evicted unless the landlord takes you to court and wins. mention the Suffolk County Police directive Order #88-19. A letter from a landlord or landlord's attorney is NOT enough to evict you. you won’t be able to find any other housing available and want to move back into the home you were just in. 5). If you've been illegally evicted and you need help relocating. etc. Be sure to get legal help if you think your landlord is evicting you because you've complained to authorities or joined a tenants' association. Call Law Services for a copy. Call the police and your local Law Services office as soon as you can if any of these things happen. Some ways of making you move are never legal.because your home had serious problems. if he has a court order and has served you with a 72-hr notice. If your landlord evicts you illegally. Retaliatory eviction can be hard to prove. If you want to move back in. Illegal Evictions Your landlord must follow certain steps if he wants you to move. police or health department reports. If the police say they can't do anything. landlords will retaliate against you by trying to evict you because you have complained to authorities about conditions in your home or because you joined a tenants association. take the doors off your apartment or remove your possessions without a court order. Only the sheriff can move your things out. Finally. He cannot just throw you out anytime he wants. (Call NYPIRG for more information see p. receipts for additional expenses incurred. shut off your heat/water. Retaliatory Eviction Landlords cannot harass tenants who exercise their rights. Be sure to keep a copy of the report from the Code Enforcement Agency where you filed your complaint. it is very important to keep proof of your damages. It is illegal for your landlord to lock you out.000 and you are not looking to move back in. The steps your landlord has to take if he wants you to move depends on two things: (1)whether or not you have a written lease and (2) whether or not you have paid your rent. you can also call the Suffolk County Department of Health Services at 854-0400 to ask for them to step in. Sometimes. This can be done in Small Claims Court if the amount is less than $3. you can . pictures of damaged property. Even though you may be in the middle of a crisis situation.
the judge will tell you when and if you have to move and how much rent you owe. you should still go to court. It is important to talk to a lawyer when you get these legal papers. The Petition will say why your landlord is telling the judge to make you move. Bring pictures that show any serious problems with the premises. Bring copies of any letters you may have written to the landlord asking him to make repairs. it will very likely be granted. Even if you agree that you didn't pay the rent or that what the landlord says is right. tell the judge how long you will need to move and ask for more time (if you need it). Your name and the landlord's name will be at the top of the page in a box. Take your time and think before you speak. If your apartment had serious problems. you may be able to get the judge to decide that you should have money taken off the rent. even if you don't have a lawyer. If you do. Get to court on time and dress neatly. When the Landlord Takes you to Court Your landlord has to let you know he is taking you to court by sending you legal papers. If You Can’t Get a Lawyer A lawyer will be very helpful in court. tell your side of the story clearly and calmly. You can seek an adjournment (a delay in the proceeding) and if it’s the first time on. The Notice of Petition will tell you what court to go to and when to go. Ask the Court Clerk any questions you have about what to do. But you may not be able to get a lawyer to represent you. At the end of the court case. Be ready to tell the judge why you shouldn't have to move. Be prepared. Judges will often give you extra time to move. Or. The legal papers you will get are called a Notice of Petition and a Petition. Go to court on the day you are supposed to. the landlord will ask the . Bring witnesses to prove that you didn't break a rule in your lease. If you do not move by the day the judge says.not defend yourself in court by claiming retaliatory eviction if the landlord is taking you to court for not paying your rent. Call Law Services as soon as you received court papers and we will try to help if you’re eligible and we have an available attorney. the judge will likely decide against you and grant the landlord a court order to evict you. Bring cancelled checks or rent receipts to show that you paid the rent. especially if you have kids. When it's your turn. Never ignore court papers.
however. window.judge to sign a paper called a Warrant of Eviction. Keep in mind that the day you were served doesn’t count toward the three days. This doesn’t mean. However I thought that she would need to give me notice 30 days after the tenant-at-will started. If you have not been able to find other housing by the time you receive the 72-hour notice. Any help would be really appreciated! Elite '10 426 506 . The landlord definitely isn't someone that respects tenants that much to begin with since she wrote into the lease that she could live with us for the first month we were here. that you shouldn’t immediately start searching for other housing once an eviction seems likely Lease and Tenant At Will Question Category: Other Page Bottom ↓ Get email updates about this conversation 9 10 3/27/2009 Sarah "Bull in a china shop" D. The sheriff will return at some point after the end of the third day to remove you and your belongings from the premises. doesn't respect other people's property and is generally pretty annoying. says: My lease ends April 30th and it states that it becomes tenant-at-will immediately after that. Today my landlord sent me a notice to leave by April 30th. The Sheriff will eventually try to serve you a 72-hour notice and warrant of eviction personally. OR will leave it on your door. you may be eligible for emergency housing and storage assistance from DSS. This entire legal process will take several weeks before the sheriff is actually knocking at the door. That was hell since she's extremely selfish. but if you are not home. The landlord then gives the warrant to the Sheriff. or in your mailbox and mail it as well. the sheriff will leave it with another responsible person who lives in your household. and neither do weekend days.
but that just means you may have the ability to drag this out for another year. That's what happened to me. doesn't matter if the tenancy-at-will has started or not since that is the end of lease date. and I'm technically month to month and could leave with 30 days notice. then she has the right to ask you to leave since that is when your lease is over. I haven't heard of the people being asked to leave when the lease expires but it seems legit to me. Thankfully I'm in a better living situation now and my 1 year lease is now up as well and am now considered tenant at will as of April 1st. then maybe that would be a little fishy. She is required to give you 30 days notice which is probably why she's telling you this now. But my question to you is. I just thought she was a regular pain in the ass .. If she had given you less than 30 days notice.3/27/2009 Roni "+ Shabu = LOV" E. it's such a headache to deal with tenant rights in a court of law.. Elite '10 114 179 3/27/2009 Celeste "drama llama" C. What usually happens is that both sides are fine with the arrangement during the lease and let it go past the date. Elite '10 114 179 3/27/2009 Celeste "drama llama" C. I'd begin apartment hunting now. but she's given you enough time.. And if your landlady sucks.not a crazy one. Good riddance... why is she asking you to leave? You have the right to fight back if she doesn't have a legit reason as to why she wants you to move out. says: Why would your landlord live with you in the first month? That's just weird. Elite '10 426 506 3/27/2009 Roni "+ Shabu = LOV" E. If your lease ends April 30th. says: A Tenant-at-Will is one who occupies a rented premises without a lease . says: I *think* that the landlord has complete right to stop the lease at its expiration date... and it becomes a tenant-at-will. says: I didn't notice that she was living with you the first month.. And we had to deal with him and his psychotic-ness for that duration of the time. just an FYI. =D The last place I was at was tenancy-at-will from the very beginning and we had a creep of a neighbor downstairs whom we needed to get evicted because of the living situation and he fought off moving for over a year. it sounds like it's a good thing for you to move anyway.
says: Here's the clause from the lease. Basically she's just doing this ahead of time.. If rent is paid the first of each month. Elite '10 114 179 3/27/2009 Celeste "drama llama" C. notice should be given prior to the first day of the month. However.. She has the right to terminate your lease since it goes to month-to-month on April 30th. technically it's the termination of your lease at the end of April. return receipt-requested. Termination vs.but pays rent periodically (typically monthly). For extra protection send the notice both by certified mail. Termination is the ending of your rental agreement or lease.. The terms and conditions of the lease will remain the same. The agreement for the Tenancy-at-Will may be either written or verbal. 2009.. 9 10 3/27/2009 Sarah "Bull in a china shop" D.. the parties agree to provide each other with at least thirty days notice of their intent to terminate this agreement and or of any proposed modification of terms. Eviction: Termination is different from eviction. this lease shall automatically become a month-tomonth lease. and by regular mail. Elite '10 426 506 3/27/2009 Roni "+ Shabu = LOV" E.com. either the landlord or the tenant may be able to give notice as late as the first day of the month itself. (See section on Eviction) So. The landlord cannot lock you out or throw you out of your apartment. Eviction is the forced removal of a tenant from an apartment after termination.lectlaw. In the event of termination.. in case that helps: Commencing May 1 st.. based on this site: http://www. Either the landlord or tenant can initiate the termination of the tenancy. No reason is required to terminate. says: Your landlord is covering her ass saying she notified you 30 days before your lease expired that you must vacate your apartment when your lease is up.. Either the landlord or tenant may terminate this arrangement by giving written notice 30 days or one full rental period in advance. TENANT shall provide written notice of same is given to LANDLORD at least thirty (30) days before the end of the initial term. so therefore she could just end it. Eviction can only be ordered by a judge. whichever is longer. says: . She doesn't have to wait until you reach your month-to-month to start before notifying you since your lease ends on that date.
she could end it with 30 days notice. I would just assume it's done. And she's given you 30 days.if the landlord wants to continue the arrangement. (But she doesn't) But even if it already was month-to-month. You don't automatically get month-to-month at the end. it's usually just tacked onto leases so that people can be lazy and not have to write a new lease every year . . It isn't going to last that long since she's told you it will end on its expiration date.The lease only becomes a month-to-month lease if it lasts past April 30th.
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