RESIDENTIAL LEASES

A lease is a contract to use another’s property Contract- An agreement/promise the courts will enforce Lessor/landlord and lessee/tenant Residential v. Commercial Provisions in a residential lease

RESIDENTIAL LEASES Types of leases –Oral v. written –Term of years Specific period –Periodic/ month to month –At will By agreement either party can terminate –At Sufferance “Holdover tenant”

RESIDENTIAL LEASES Transfer of leases –Sublease Portion of lease is transferred –Assignment Full transfer of the lease –Prohibitions on assignment or subletting –Lessee still liable unless released by lessor –Lessor is third party beneficiary of the transfer contract

RESIDENTIAL LEASES Express terms of the lease- clauses are independent Warranty of habitability –Implied and Statutory –Residential only –Heat –Water –Infestation –Code –Other

RESIDENTIAL LEASES Lessee/tenant remedies –Reasonable notice to lessor –Constructive eviction –Repair and deduct –Self-help –Report to governmental authorities Issue of retaliation –Contracts of adhesion and unconscionability

RESIDENTIAL LEASES Lessor/landlord –Liability Governmental Lessee/tenant Third parties Common areas Exculpatory clause –Remedies Eviction Damages Reference

RESIDENTIAL LEASES Deposits –Prepaid rent –Security –Cleaning, pets, etc. –Refundable/nonrefundable –Limits on amounts for initiation of lease –Retain as damages –Mitigation –Tenants action for retained security deposit