What Is A Lease?

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What Is A Lease?

A lease is an agreement between the landlord and the tenant which sets forth the particulars of the tenant`s use of the property. The lease defines the duration of the tenant`s possession, the rent to be paid, responsibilities for taxes, utilities, maintenance and the like, limitations on the types of use for the property, legal rights and remedies available to both parties in the relationship and so forth. In essence, the lease is the agreement which forms the basis of the relationship between the landlord and the tenant. This is seen as a contract between the parties. Federal, state and local laws control other aspects of the relationship, and may impose other duties on the parties that are not contained in the lease.

Both the landlord and the tenant benefit from having the lease in writing. Either party may negotiate for any terms or other particulars he or she may want in the lease before it is signed. However, once both parties sign the lease, it is a legally binding document. If a conflict later arises between the parties regarding the property that must be decided in the courts, the court will look to the lease to determine the parties` agreement as to their respective rights and obligations. Therefore, it is very important that each party read and understand the lease before it is signed.

Other Pennsylvania Landlord/Tenant FAQs

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A: Before looking at apartments or rental houses, evaluate your living needs: Number of rooms, location, distance from shopping and public transportation, price and … More
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A: First and foremost in many states, the residential tenant is protected by the implied warranty of habitability. Habitability means that the leased premises must meet … More
Q: Does A Sublessor Have Any Rights Against The Landlord?
A: As a general rule, if the sublessor and the landlord both signed the sublease, the sublease constitutes a valid contract. In that case, any rights which the sublessor … More
Q: What Is A Security Deposit?
A: Before the tenant takes possession of the property, the landlord generally requires the tenant pay an additional amount of money as a security deposit. The purpose of … More
Q: What Are The Landlord's Duties?
A: In addition to any obligations imposed upon the landlord in the lease, the landlord assumes the obligation of keeping the structural and mechanical elements of the … More
Q: How Can The Landlord/Tenant Relationship End?
A: Most leases provide that either the landlord or tenant can end the landlord/tenant relationship by giving the other party written notice that the lease will not be … More
Q: Do I Need An Attorney?
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Q: How Is My Attorney Paid?
A: Your lawyer will probably want to be paid an hourly fee plus costs for preparation of documents and/or negotiating on your behalf. Some attorneys may agree to a fixed … More
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A: No. Selfhelp eviction is illegal in Pennsylvania and can give rise to an Unfair Trade Practices cause of action against the landlord as well as a cause of action … More
Q: Can A Landlord Keep A Security Deposit?
A: It depends upon the tenant`s actions and the terms of the written lease (if any). If the lease does not forbid a landlord to keep a security deposit for unpaid rent, … More