Free Leases FAQs | Free Leases Legal FAQs

What Is A Lease?

Tue, 06 Nov 2007 23:20:49 GMT

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 a specified period of time. In return, the rental agreement requires the tenant to pay the landlord rent each month. The lease also sets out the rights and obligations of the landlord-tenant relationship.

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?

Tue, 06 Nov 2007 23:21:28 GMT

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. A lease for a period that exceeds one year must be in writing and signed by both the landlord and the tenant in order to be enforceable. For example, if you and your landlord decide that you will continue to rent the room for the next 13 months, then the agreement must be in writing in order to be enforceable past the 12 month, otherwise, on the 12 month, you could be evicted or on the other hand, you could leave without breaking the lease.

If Oral Leases Are Valid For A Lease Under A Year Then Why Do I Need A Written Lease?

Tue, 06 Nov 2007 23:23:15 GMT

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 agreement. A written lease usually sets out the duration of the lease, rent amount, and other terms that the tenant and the landlord agree.

If I Do Make An Oral Lease What Terms Should I Discuss With My Future Landlord?

Tue, 06 Nov 2007 23:36:33 GMT

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 than one year)
Specified area of use and/or occupation
Terms of Rent (amount, date due and method of payment)
Specified occupants of rental property (roommates, children, pets, etc.)
Terms of Security Deposit, if exists
Use of amenities (appliances, furniture, parking spaces, etc.)
Terms of Use of the property (business, residential, etc)
Assigning responsibility for paying utilities
Terms of landlord repairs and maintenance

Some terms and duties which are not agreed upon may be imposed by law.

What Terms Should Be Included In A Written Lease?

Thu, 13 Mar 2008 23:17:15 GMT

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 writing. Common written leases include the following:

Names of parties (including landlord, tenant, and other occupants)
Duration of tenancy (month-to-month, one year, five year, etc.)
Terms of rent (amount, date due, method of payment, late fees, grace period)
Terms of security deposit, if exists
Use of amenities (appliances, furniture, parking spaces, etc.)
Terms of use of the property (business, residential, etc)
Assigning responsibility for paying utilities
Terms of landlord repairs and maintenance
Events that cause default
Result of default of lease agreement
Terms at the end of the lease
Terms of possible future disputes (attorney’s fees, costs, mediation, etc.)
Conditions landlord may enter tenant’s rental property
Result of landlord death or sale of rental property
Other rules and regulations that applies to rental property (community rules, pets, quiet hours, other deposits, etc.)

Can I Choose To Rent Only To Hispanic Tenants?

Tue, 06 Nov 2007 23:40:52 GMT

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 doing so, a landlord should be consistent in his criteria to rent out the property. The landlord may not discriminate or select the tenant based on other factors such as their race, color, age, religion, national origin, gender, handicap, or familial status. Some states also extend these protections to marital status and sexual orientation.

Are Subleases Usually Allowed?

Tue, 06 Nov 2007 23:42:59 GMT

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.

I Found A Place That I Like Better Than My Current Place. Can I Get Out Of My Current Lease?

Tue, 06 Nov 2007 23:43:44 GMT

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 will be given on the day that you pay your next month's rent). If you have a lease for more than a month-to-month duration (for example a 6-month or 1-year lease) you lease may contain a provision for early termination. Sometimes leases will provide for early termination of a lease in certain situations, for instance if the landlord agrees in writing to an early termination or if the landlord agrees to a sublease or assignment of the property. If you don't get prior permission or your lease doesn't provide for early termination, then if you leave early you will be “breaching” the lease contract by leaving early. When a tenant breaches a lase, by leaving early without permission or failing to pay rent due for remaining months of the lease, then the tenant may owe the landlord money for the remainder of the lease term or until the landlord can get anthother tenant. A landlord may sue a tenant to recover any money owed for leaving early and breaching the lease.

However, if the reason you like another place better than your current place is because the landlord has failed to provide a habitable space or otherwise has materially defaulted on his/her obligations under your lease, then you might be able to terminate the lease early depending on your state's laws.

Are There Any Differences In A Commercial Lease As Compared To A Residential Lease?

Tue, 06 Nov 2007 23:44:25 GMT

There are many similarities between residential and commercial leases, however there are differences as well. Residential tenancies tend to be more regulated by state and local law than commercial rentals in order to ensure that residential rental property meets basic standards set by law regarding habitable living conditions and to fix certain rights and obligations of the parties. Since housing is such a fundamental need, the law sets forth such minimum standards.

On the other hand, commercial leases are for things like office space, a retail store, or storage/wharehouse use. Commercial leases are viewed as contracts between knowledgeable business people who have had the opportunity to fully negotiate the terms of the rental. As such, in most commercial situations the law provides that the rights and obligations of the parties are goverend by the terms of the lease. Certain types of of commercial leases are more regulated by law than others, however, depending on the nature of the use intended for the lease and the particular business/industry.

If I Have To Sue My Landlord Or If My Landlord Sues Me Who Is Responsible For The Legal Fees?

Tue, 06 Nov 2007 23:47:52 GMT

Usually, the lease will have a provision that states that the “prevailing” party in any lawsuit will be able to collect reasonable attorney fees. Without this provision, each party pays their own attorney fees.

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Free Leases FAQs | Free Leases Legal FAQs

What Is A Lease?

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?

If Oral Leases Are Valid For A Lease Under A Year  Then Why Do I Need A Written Lease?

If I Do Make An Oral Lease  What Terms Should I Discuss With My Future Landlord?

What Terms Should Be Included In A Written Lease?

Can I Choose To Rent Only To Hispanic Tenants?

Are Subleases Usually Allowed?

I Found A Place That I Like Better Than My Current Place. Can I Get Out Of My Current Lease?

Are There Any Differences In A Commercial Lease As Compared To A Residential Lease?

If I Have To Sue My Landlord Or If My Landlord Sues Me  Who Is Responsible For The Legal Fees?

Free California Leases FAQs

Free Landlord Rights FAQs

Free Landlord Tenant Law FAQs

Free Landlord Tenant Rights FAQs

Free Rent FAQs

Free Rental Discrimination FAQs

Free Repairs FAQs

Free Security Deposit FAQs

Free Terminations and Evictions FAQs

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?

If Oral Leases Are Valid For A Lease Under A Year Then Why Do I Need A Written Lease?

If I Do Make An Oral Lease What Terms Should I Discuss With My Future Landlord?

If I Have To Sue My Landlord Or If My Landlord Sues Me Who Is Responsible For The Legal Fees?