Attorneys

Leases FAQs

• Q: What Is A Lease?
  A: A lease or rental agreement is a legal contract between a landlord and tenant.  The agreement gives the tenant the right to use and occupy the rental property for … More
• Q: I Have Been Renting A Room For The Last Six Months But I Never Signed A Lease – Do I Still Have A Legal Right To Occupy The Room Even Though I Never Signed A Lease?
  A: Yes. Although a written lease is beneficial to protect the rights of both parties, oral agreements are valid where the lease period is for no more than one year.  … More
• Q: If Oral Leases Are Valid For A Lease Under A Year – Then Why Do I Need A Written Lease?
  A: A written lease makes terms clear to both parties whereas future disputes in an oral lease may be difficult to resolve due to uncertainty to the terms of the … More
• Q: If I Do Make An Oral Lease – What Terms Should I Discuss With My Future Landlord?
  A: An oral lease requires both parties to agree to specific terms.  In most states, oral agreements require the parties to agree on: Duration of tenancy (no more … More
• Q: What Terms Should Be Included In A Written Lease?
  A: A written agreement should include all terms that are required under a lease and other specified terms that may be otherwise material or ambiguous unless put in … More
• Q: Can I Choose To Rent Only To Hispanic Tenants?
  A: In general, a landlord may choose their tenants freely based on business criteria such as the prospective tenant’s credit history, income, and references. In … More
• Q: Are Subleases Usually Allowed?
  A: Unless the lease prohibits a sublease, a tenant may assign the lease to a third party. Many leases either prohibit subleases or require adequate notice to the landlord.
• Q: I Found A Place That I Like Better Than My Current Place. Can I Get Out Of My Current Lease?
  A: It depends.  If you are on a month-to-month lease, in most states you are required to give the landlord 30 days notice to end your lease (usually that notice … More
• Q: Are There Any Differences In A Commercial Lease As Compared To A Residential Lease?
  A: There are many similarities between residential and commercial leases, however there are differences as well.  Residential tenancies tend to be more … More
• Q: If I Have To Sue My Landlord Or If My Landlord Sues Me – Who Is Responsible For The Legal Fees?
  A: Usually, the lease will have a provision that states that the “prevailing” party in any lawsuit will be able to collect reasonable attorney fees.  … More

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