Book Opener

CHAPTERASSESSMENTSection 33.1 The Rental Agreement● Several types of tenancies exist. A tenancy foryears is the right to occupy property for a definiteor fixed period of time. It may be for 1 week,6 months, 1 year, 5 years, 99 years, or any otherperiod of time, as long as the time period isdefinite. A tenancy for 100 years usually has theeffect of transferring absolute ownership to thetenant. For this reason, leases are occasionallywritten for 99-year periods. Some states require atenancy for years to be in writing because it is atransfer of an interest in real property. A periodictenancy continues for successive fixed periods,subject to termination by advance notice. One ofthe parties may terminate this tenancy by givingadvance notice to the other party. If such propernotice is not given, the tenancy continues foranother like period. The notice requirementdiffers from state to state, but it is often the periodbetween rent days. A tenancy at will is the rightto occupy for an indefinite period of time, and itis subject to termination when either the landlordor tenant gives requisite notice. No written agreementis required to create this tenancy. A tenancyat sufferance arises when a tenant doesn’t leaveafter the expiration of her or his tenancy. A tenantat sufferance, also called a holdover tenant, is awrongdoer who no longer has legal interest inthe property. Generally, a tenant at sufferance isnot entitled to notice to vacate but is liable to payrent for the period of occupancy. If a landlordaccepts rent from a tenant after tenancy hasexpired, a periodic tenancy or a tenancy at willmay come about instead of a tenancy at sufferance.● Some covenants found in a lease are the following:(1) the landlord requires a monetary deposit assecurity deposit; (2) the landlord must makerepairs necessary to keep the premises fit forliving; (3) a tenant may assign or sublet the●leased property; and (4) the tenant may renewthe lease or purchase the property.To keep rent affordable, some communities haverent control laws that limit the amount of rentthat landlords can charge. These laws alsoinclude certain procedures that must be followedto evict tenants.Section 33.2 Responsibilities of Landlordand Tenant● Landlords have several duties. They must refrainfrom practicing discrimination in renting theirproperty. In nearly all states, it is against the lawfor a landlord to refuse to rent or lease propertyto any person because of race, religion, color,national origin, sex, age, ancestry, or maritalstatus. Refusing to rent to a member of the armedforces, a blind person, or a person who mighthave children in the future is also against the law.Landlords must also keep property for dwellingpurposes fit for human habitation. Tenants areentitled to the exclusive peaceful possession andquiet enjoyment of the property. Duties belongingto tenants include the duty to pay rent when it isdue and the duty to observe the valid restrictionscontained in the lease. Tenants also have a dutyto avoid damaging or destroying the property,acts known as committing waste. Waste isdefined as substantial damage to premises thatsignificantly decreases the value of the property.● A tenant can be evicted for failing to pay rent,remaining after the expiration of the lease,committing waste, and violating the provisionsof a lease. It is illegal in every state for a landlordto use force to evict a tenant.● The landlord can be liable for injuries caused bydefects in the common areas of leased property.The tenant can be liable for injuries that occur inthe area over which he or she has control.724 Unit 7: Planning for the Future