1. Renting & the Law CHAPTER 33

2. Renting & the Law: Chapter 33  The person who rents property is the Tenant or Lessee.  The person who owns property and rents it out to someone you are the Landlord or Lessor.  The contract between a tenant and a landlord is called a LEASE.

3. Renting & the Law: Chapter 33  There are 4 types of Tenancy  TENANCY – interest in the real estate they lease  Tenancy For Years  Right to occupy property for a definite & fixed period of time  Periodic tenancy  Tenancy that continues for successive fixed periods  Tenancy at Will  Interest in real property that continues indefinitely  Tenancy at Sufferance (illegal)  When a tenant doesn’t leave premises after tenancy expires

4. Renting & the Law: Chapter 33  Covenants are the terms of a lease. They outline the rights & duties of the landlord & tenant  Tenants rights: possession & continued occupancy  Landlord rights: rent $ & property in good condition at term’s end  Security Deposit $ paid to landlord at start of a tenancy PLUS the 1 st month’s rent

5. Renting & the Law: Chapter 33  Assignment is the transfer of remaining part of the term of a lease to someone else.  Sublease is when you transfer part but not the remainder of lease to someone else.  Tenants who sublet may renew the lease, creating a new lease contract.  Rent Control Laws keep rent within an affordable range and outline the eviction process

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

7. Renting & the Law: Chapter 33  DUTIES OF THE LANDLORD  Duties are outlined in the Law and the Lease  Practice non-discriminating leasing  Maintain the premises  Deliver peaceful possession  Civil Rights Act  Protects the 5 protected classes we’ve studied PLUS the blind or those who may have children in the future  Rental property offered for dwelling purposes must be fit for human habitation.  clean, properly heated, ready for utility usage & safe  Quiet Enjoyment

8. Renting & the Law: Chapter 33  DUTIES OF THE TENANT (outlined in lease)  Paying Rent  Abiding by terms of the lease  If not you could be evicted (deprived of possession of property)  Avoiding waste  Waste –severe damage to premises that decreases its value  Returning Fixtures  Fixtures – items of personal property attached to real property (dishwashers, cabinets, ceiling fans)  Trade Fixtures – items of personal property brought by tenant

9. Renting & the Law: Chapter 33  EVICTION  Happens when:  Don’t pay rent  Remain on property after end of lease  Damage to premises (waste)  Violating covenants in lease  Landlord can NOT evict by force.  They must obtain a court order.  CONSTRUCTIVE EVICTION  Happens when the landlord breaches their duties.  Lease can be considered terminated, you can leave premises and stop paying rent.  Also handled by the court

10. Renting & the Law: Chapter 33  TORT LIABILITY  When someone is injured on rented/leased property both landlord AND tenant may be liable  The person in control of the area where injury occurs is liable if negligent  Landlord can be liable for injury caused by defect in common areas (hallway, stairs)  Tenant can be liable for injury caused by defects in areas they control (living room, bathroom)