RESIDENTIAL LEASES

RESIDENTIAL LEASES

• A lease is a contract to use another’s property

• Contract- An agreement/promise the courts will enforce

• Lessor/landlord and lessee/tenant

• Residential v. Commercial

• Provisions in a residential lease

RESIDENTIAL LEASES

• Types of leases– Oral v. written

– Term of years• Specific period

– Periodic/ month to month

– At will• By agreement either party can terminate

– At Sufferance• “Holdover tenant”

RESIDENTIAL LEASES

• Transfer of leases– Sublease

• Portion of lease is transferred

– Assignment• Full transfer of the lease

– Prohibitions on assignment or subletting

– Lessee still liable unless released by lessor

– Lessor is third party beneficiary of the transfer contract

RESIDENTIAL LEASES

• Express terms of the lease- clauses are independent

• Warranty of habitability– Implied and Statutory

– Residential only

– Heat

– Water

– Infestation

– Code

– Other

RESIDENTIAL LEASES

• Lessee/tenant remedies– Reasonable notice to lessor

– Constructive eviction

– Repair and deduct

– Self-help

– Report to governmental authorities• Issue of retaliation

– Contracts of adhesion and unconscionability

RESIDENTIAL LEASES

• Lessor/landlord– Liability

• Governmental

• Lessee/tenant

• Third parties

• Common areas

• Exculpatory clause

– Remedies• Eviction

• Damages

• Reference

RESIDENTIAL LEASES

• Deposits– Prepaid rent

– Security

– Cleaning, pets, etc.

– Refundable/nonrefundable

– Limits on amounts for initiation of lease

– Retain as damages

– Mitigation

– Tenants action for retained security deposit