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Buying or selling a home.
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Standard Lease Provisions
Most leases have standard provisions which set forth landlord and tenant rights and obligations. Such provisions include:
- The names of the parties
- A description of the rental property
- The term, or length, of the lease
- The amount of rent
- The due date of the rent
- The amount of the security deposit
- Whether the tenant is subject to late fees
- Maintenance responsibilities
- Options to renew
- Termination notice requirements
- When the landlord may enter the rental property
- Rules concerning pets
While leases or rental agreements do not have to be in writing to be valid, the terms of the agreement will be easier to enforce and the responsibilities of the parties will be clearer if the rental agreement is in writing.
Unenforceable Lease Clauses
Some clauses that appear in a written lease or rental agreement are, by the nature of the clause, unenforceable. These include:
- Agreements that the landlord can repossess property if the tenant falls behind in the rent
- Agreements allowing the landlord to enter the rental unit any time (without notice)
- Agreements that tenants will pay for all damages to the rental unit without regard to fault
- Agreements that court action entitles the landlord to more money than can be order by the court.
FAQs
- Does the landlord need a reason to terminate the lease at the expiration of the term?
- How does the landlord terminate the lease at the expiration of the term?
- Can the landlord take the tenant's possessions or physically throw the tenant out after the court allows eviction?
- What is the difference between an oral and a written lease?
- What is constructive eviction?
Landlords and the Law Forms
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