Remember that a lease agreement— whether written or oral—is a contract, enforceable by law.

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Presentation transcript:

Remember that a lease agreement— whether written or oral—is a contract, enforceable by law.

 Read pg. 308 In this Case

 Duty to provide safe and livable premises including common areas  Must be in compliance with housing codes

 Receive rent payment  To have tenants take care of property in reasonable manner

 1. Pay rent on time;  2. Keep rental property in good condition—reasonable wear and tear excepted.  3. Promptly notify the landlord of  maintenance problems;  4. Give written notice of leaving days in advance

 Right to use property  Right to sublease unless restricted in lease  Subleasing: lease property to third person  Original tenant still liable

 Reasons: - Not paying rent - Abuse of property - Illegal Drug Activity - Violation of lease provision (having pet when no pet is allowed)  Must be taken to court to evict a tenant

 Landlord must give proper eviction notice in writing and allow 24 hrs (drugs), 7 days (payment, physical damages), or 30 days (violation of lease) before taking it to court  File paperwork with court  Tenant must appear or respond to complaint  Court gives out Notice of Eviction to tenant  Tenant given 10 days to appeal  FROM START TO FINISH— IT CAN TAKE AS FEW AS 27 DAYS OR AS MANY AS 57 DAYS TO EVICT A TENANT!

 If something needs fixed, tenant must notify landlord normally in writing  Landlord must be given reasonable time to fix it  If landlord does not fix it 1. withhold rent in escrow (3 rd party account) account until landlord does 2. give 3 quotes to landlord for fixing, if they do not fix it, have repair done with cheapest quote and repair should be deducted from your rent

 As soon as you move in fill out check in list detailing any damages to walls, floors, appliances, blinds etc. for EACH ROOM IN DETAIL  Must turn in within 30 days  Cannot be charged for these damages out of security deposit

 Tenant can receive all security deposit back if no damages beyond normal wear and tear (occasionally minus a cleaning fee)  Landlord must mail out check and list of damages within 30 days of moving out  Tenant may dispute damages in writing  Issue can be settled in mediation or be taken to court