Leases Are Contracts

A lease spells out the relationship and requirements for a tenant and landlord. Because the landlord
generally chooses what the lease will say, it usually favors the landlord. If the tenant disagrees with
some part of the lease, it should be discussed and may be modified or deleted by mutual agreement.
Any change, addition, or deletion to a contract should be initialed by both the landlord and the tenant(s).
Generally, nothing said or agreed upon orally will change any part of the written lease unless it is in
writing and signed by both parties. While under certain circumstances an oral lease can be enforceable,
in the event of dispute issues of evidence and proof with an oral lease are extremely problematic, and a
written agreement protects both parties. If you do not agree to the entire written lease document, do
not sign it. Your signature will bind you to fulfill the terms of the agreement exactly as it is written
and/or pay significant financial penalties. There are no time-outs, second chances, or fresh starts.
Landlords will use the courts or threats of legal action to enforce leases, and tenants should be equally
prepared to exercise their rights under contracts and through the courts if necessary. Everyone who
signs a lease should receive a copy, with signatures, to serve as a record of the lease and each party's
responsibilities under the terms of the lease.

A lease is a contract between you and the landlord. It describes a legal agreement in which you are
given possession of an apartment owned by the landlord in which to live for a specific length of time. A
lease also specifies what you are to do (and not do) to receive or retain possession of the apartment.

Contracts can be long or short, simple or complex. Enforcing a contract generally means asking a court
for a judgment that would force one or both parties to do—or not do—what the contract specifies. Legal
actions to enforce a lease usually are brought to the district magistrate but could be brought to another
court depending on what is being charged or what relief is being sought.

Signatures
Leases must be signed by both parties. They do not have to be witnessed, although landlords may
choose to have a staff member formally witness the signature. In Pennsylvania, you must be older than
18 to legally sign a contract. If you are younger than 18, the landlord may require a cosigner, such as
your parent, who will accept legal responsibility for the obligations of the lease for/with you. In the
University area, many landlords request or require a parent to cosign even if you are older than 18. This
is an acceptable business practice, although it may annoy students. Because students generally have
limited personal assets, landlords will be able to take legal action against cosigners in case students
breach/default on a lease. Legal action for breaching a lease can be taken across state lines.

Identify the Property

A lease should identify the property to be rented. Identification should include the street address and
apartment number. Students should inspect the specific apartment they are renting before they sign a
lease. If, when you are ready to move in, the apartment you leased is not ready for occupancy, you may
agree to take a different unit. However, you are not obligated to accept any apartment other than the
one identified in the lease. When you move in, if the apartment is damaged or defective, take pictures or
video of the damages and deficiencies, fill out a thorough inspection report for the landlord with a list of
repairs and cleaning that need to be done, and remind the landlord regularly of the work remaining to be
completed until the apartment is fully ready for occupancy. Although most landlords take pride in the
appearance and standards of their apartments, some make a habit of procrastinating and then cleaning
or fixing just enough, knowing that many students eventually give up on a leaking toilet, dirty
refrigerator, or torn carpet.

Length of the Lease

A lease should indicate the starting date and ending date of occupancy. Most leases in the University
area are for 12 months. In some cases, a lease may be open-ended or month to month. Leases of six,
nine, and 10 months occasionally are found in this area but are unusual.

Many leases are preprinted forms on which a landlord fills in the blanks and then both parties sign. The
publishing company or professional association providing the forms will be printed on the bottom of the
page. Preprinted forms usually contain the basic legal elements of a good lease, and newer ones are
written in plain language, which is a requirement in Pennsylvania.

Rules and Regulations

Watch for rules and regulations that may be included in the lease or attached as an additional document.
They may be regulations about noise, cleaning requirements and standards, garbage storage and
disposal, security issues, smoke detectors, parties, guests, pets, parking, hallways, lights, landlord
access to inspect or show the apartment to prospective tenants, and other lifestyle issues. Rules and
regulations often are problems between landlords and tenants if they are not understood, agreed to, and
followed. Tenants can be evicted for breaching leases by not following the rules. Rules and regulations
can be changed, added, or amended by a landlord without tenant approval if the lease allows it.

Security Deposits
Security deposits are customary in the University community. They usually are equal to one or two
months of rent. They cannot be greater than two months of rent during the first year of the lease. Most
leases specify that a deposit cannot be used as the last month of rent. Some leases say that if a landlord
uses some or all of the security deposit during the term of the lease, the tenant must pay to bring the
deposit up to the lease-specified amount. A landlord must place the security deposit in an escrow
account in a bank for the term of the lease, or the deposit may be bonded, which is a guarantee of
payment. The tenant does not necessarily receive any interest payments from the escrow deposit for the
first or second year. On longer leases, interest must be paid after the second year.

Payment of Rent
Payment of rent, also called consideration, is specified in the lease. Payment information includes the
monthly rent amount, the total amount of the rent to be paid over the term of the lease (usually 12
times the monthly rent), when (date due) and where (office address) the rent is to be paid, how the rent
is to be paid, (mail, in person, check, money order, etc.), and a late date after which payment is not on
time and violates the lease terms. Some landlords allow a discount for timely payment (e.g., rent is
$500 a month but if paid before the fifth of the month a discount of $50 will be allowed; therefore, the
rent due is $450.) Other landlords assess a penalty if rent is late (e.g., rent is $500 a month but if paid
after the fifth of the month a penalty of $50 will be charged; therefore, the rent due will be $550). Both
ways are acceptable; however, the total amount of the contract, which usually is stated in the lease, will
be changed depending on whether it is discounted or penalized. If discounted, the total contract amount
will not reflect the discount but will be the full or larger amount. In event of a lawsuit by a landlord, the
landlord would likely request payment in full for the entire lease term, which would be the larger
amount.

Utilities and Appliances

Utilities and appliances also are described in leases, and the details should be read carefully. Who pays
which utilities should be indicated specifically. If a tenant is responsible for certain utilities, he or she
must contract directly with utility companies. Utilities provided by the landlord should be listed. Utilities
include electricity, water, and sewage and may include gas and garbage removal. Be cautious about
agreeing to pay a landlord for utility services based on the landlord's contract with utility companies.
Although not illegal, it is a situation that could tempt an unscrupulous landlord to inflate charges, double-
bill tenants, or charge tenants for services that tenants did not use. Utility companies provide estimates
of service charges for tenants if requested and perform usage audits for customers who wish to verify
charges. Usually a refrigerator and stove are included if a rental unit has a kitchen, and that should be
referenced in the lease. Other appliances usually are not provided. A dishwasher, garbage disposal, or
window air conditioner are listed if included.

Use and Occupancy

Many leases include a use and occupancy section that indicates that the use of the apartment is limited
to residential and specifies the number of people who may live there. This means it cannot be used for
business nor to house more people than stated in the lease. Children in a family are counted, as are
unrelated adults. Guests also may be restricted by language in this section or in rules and regulations.
The allowance of overnight guests or visitors, the maximum number of nights they can stay, and
whether they can be given a key to the apartment are common limits on tenant use of an apartment.

Sublets and Assignments

Sublets and assignments will permit, prohibit, or define a landlord's policy on subletting or assigning a
lease to another person. If it is not prohibited by the lease, subletting is permitted by state law. Watch
for the need for written permission by a landlord to sublet or assign and/or additional fees or penalties
charged for subletting. If you do not plan to remain in Pittsburgh or to attend the University during the
summer, subletting is a reasonable alternative to paying for an apartment you aren't using. Guest and
visitor policies might prohibit allowing someone to use your apartment for the summer without the
landlord's knowledge or permission.

Acceleration of Rent
A landlord may have the option of an acceleration of rent if a tenant fails to pay rent on time or breaches
or violates other lease terms. This means that a landlord can demand that the entire amount of the lease
consideration be paid within some specified time period. This usually is a last resort for a landlord who
isn't receiving rent in regular, timely, or complete payments, although it can be sought for other
violations of a lease. Unless a tenant agrees and pays the amount specified in the lease on time, the
landlord will go to court seeking a judgment ordering the payment. A clause in the lease usually specifies
the availability of this option for the landlord. This option is not always enforceable depending on the
circumstances.

Waiver of Notices
Some leases now include a waiver of notices. Normally, notice is given to a tenant prior to the
termination date of a lease. Waiving this notice has little impact on the tenant, who should be aware of
the end of the lease and the need to renew or move out. Tenants should be aware of any penalties for
failing to move out by the end date of a lease. Often, high daily rates or an entire month's rent are
specified for holdovers.

Waiver of another notice normally required of a landlord could be more damaging to a tenant. If a
landlord initiates legal action to force a tenant to pay outstanding rent payments or to leave a property,
the law requires the landlord to give written notice of the action to the tenant. This notice allows the
tenant time to correct the problem or negotiate with the landlord. By waiving the right of notice, the
tenant will be deprived of the opportunities to correct the problem, and the landlord will file legal action
immediately.

Confession of Judgment
Some leases may contain a confession of judgment clause, under which a tenant agrees, by signing the
lease, to allow any attorney, including the landlord's attorney, to represent him and to confess judgment
or essentially "plead guilty" for the tenant. Having pleaded "guilty," the tenant will be responsible for
whatever judgment is handed down. WHILE YOUR LEASE MIGHT CONTAIN SUCH A CLAUSE,
GENERALLY CONFESSION OF JUDGMENT CLAUSES ARE NO LONGER LEGALLY ENFORCEABLE IN
RESIDENTIAL LEASES IN PENNSYLVANIA.

Right of Entry
Many landlords in the University area specify a right of entry in the lease. Usually this means that a
landlord can enter an apartment without notice and whether or not a tenant is present to fix something
that the tenant has requested, to respond to an emergency, or to show the apartment to prospective
tenants. Any limits on the time of day, purpose, or notice will be specified here. Leases that allow
landlord access for any reason and at any time of the day or night should be questioned. Failure to allow
a landlord access could be grounds for the landlord to take legal action if the lease specifies access.
Tenants are entitled to the right of quiet possession, but elements of that right can be abridged by lease.

Renewal
 Renewal is the term for extending the current lease agreement for another period of time. Usually, a
one-year lease renews for another year and a six-months lease for another six months, although some
leases renew on a month-to-month basis after the initial lease term. In the University area, many
landlords require tenants to renew their leases as much as five months or 150 days before the end of
their leases. This permits them to advertise vacancies for the next academic year prior to the end of the
spring term. This is a good move for landlords but can be awkward for students who aren't sure about
staying in their apartments another year or even returning to school the next year. A very early renewal
deadline also means that the spring term can be a series of landlord visits with prospective renters
touring your abode.

How to Go Month-to-Month at the End of Your Lease

Read more: How to Go Month-to-Month at the End of Your Lease | eHow.com

http://www.ehow.com/how_6552_go-month-month.html#ixzz17CpW0Qsd

Instructions
Things You'll Need:

• Rental Agreements
• Pens
• Pens

1. 1

Obtain your landlord's written consent to stay in your rental unit on a month-to-
month basis - under the same terms as your expiring lease - or negotiate a new
month-to-month rental agreement with your landlord.

2. 2

Read and understand the terms of your month-to-month agreement before signing
any documents; seek legal counsel if necessary, especially in states with rent
control laws.

3. 3

Realize your landlord can increase the rent or change other terms in your month-to-
month rental agreement, with proper advance notification (usually 30 days), subject
to any local rent control laws.
 ICC Books & eBookswww.iccbooks.com
Your key to international commercial dispute resolution

Residential Lease Agreementinkdocs.com/rental-agreements

Professional rental agreements by the experts

Rent Melbourne Apartmentswww.dinglepartners.com.au

Huge City Selection! Short or Long Term, Furnished or Unfurnished.

Homes Philippineswww.AyosDito.ph
Find Houses For Buy/Sell/Rent At AyosDito - Phils.' Marketplace!

Ads by Google
Tips & Warnings

• Try to negotiate more favorable terms in your month-to-month agreement than you had
in your expiring lease.
• Understand that a month-to-month agreement is usually automatically renewed every
month, unless you or the landlord ends the agreement with proper advance notification
(usually 30 days).
• Landlord-tenant laws can be confusing and complex; consult an attorney to protect your
rental rights when negotiating any rental lease or agreement.

Read more: How to Go Month-to-Month at the End of Your Lease | eHow.com

http://www.ehow.com/how_6552_go-month-month.html#ixzz17CpsJ29Z

How to rent an apartment on a month by month basis.

Renting an apartment on a month by month basis can be done in certain situations and is ideal for
those who may only need an apartment for a short period of time or need to remain in their
current apartment for a few extra months.

A common reason for needing to rent an apartment on a month by month basis is that the tenants
have signed a new lease at another apartment but the move in date is a month or few after their
current lease expires.

However month by month lease agreements can be difficult to come by and various factors affect
the ability to get a month by month lease.
These factors include the current market demand for new apartments in the area of the apartment,
the time already spent living in the apartment, and whether or not previous payments were made
on time every month.

Typically an apartment complex will require a contract to be signed for a lease that lasts a
minimum of 3-6 months. Many apartment complexes require a full 1 year lease to be signed for
the first year.

After this initial leasing period draws to a close, good leasing managers will send out
notifications to residents informing them when their lease will expire and what options are
available to the residents.

Some residents may be offered the option to renew on a month by month basis after the initial
leasing contract term is nearing an end after 'proving' themselves as a responsible tenant who
followed the terms of the lease and made on time and in full monthly payments.

Some apartment complexes that offer the option to 'renew' an apartment lease on a month by
month basis may charge a slightly higher monthly rate on month by month lease agreements.
This is done because a tenant who signs a 6 month or 1 year lease is basically guaranteed money
while a month by month tenant could be here today and gone tomorrow.

It is also important to read the terms of a month by month lease agreement carefully. The
agreement may require the tenant to pay higher rent or be held liable for additional monthly rent
payments if the apartment can not be filled soon after the tenant leaves.

Most apartment complexes begin offering lease agreements to new tenants on apartments that are
still occupied a few months before the current lease on that apartment is due to expire.

Those interested in renting an apartment on a month by month basis should ask about this
arrangement before signing any rental or lease agreement. They should also keep in mind that if
they are first time renters at the complex, they may have to sign an agreement that guarantees the
apartment complex at least a few months rent.

I rent a house on a month to month basis,

without a lease. Am I responsible for
maintaining and repairing?
The 10-year-old washer stopped working on Monday. I called the landlady about the
matter and she told me I am responsible for getting it fixed. I was a little stunned
since the washer isn't mine, I just recently moved in, most of the 10-year wear on
the unit was from someone else. I guess if I want to use the thing, I will have to pay
to get it fixed, but what happens if there is a leak in the roof? What if the central air
breaks down? Am I responsible for repairing these, too? I live in the state of Virginia,
and I don't know the laws between landowner and tenant, I have always had a lease
clearly defining my responsibilities.

• 2 years ago
• Report Abuse

Additional Details
My landlady is a really nice old woman. For the washer, I am not going to force the
issue. My boyfriend is a mechanical engineer, and has agreed to look at it for me,
maybe fix it on the cheap. But I am concerned that this will be a problem as time
passes. I take care of the yard and the house as we verbally agreed, but this was
unanticipated. I guess I shouldn't worry about the big things unless there is an
actual problem.

2 years ago

I didn't abuse the machine :) A set of sheets, a pillow protector, a towel, and a
couple pairs of socks did the "damage". The machine had been making an odd noise
on and off since I moved in. I thought it was the fabric softener ball in the wash
bumping against the inside of the tub.

2 years ago

by HelpMeEs...
Member since:
December 17, 2007
Total points:
2,021 (Level 3)

• Add Contact
• Block

Best Answer - Chosen by Asker

Here's your answer..

#1) The LANDLORD is *always* responsible for repairs on his/her property unless
*you* do the damage.

#2) #1 applies whether or not you have a signed lease. The property doesn't
belong to you.

#3) With the above said, the land lord is only required to keep what is essential for
proper living conditions upkept and repaired. This means if the roof leaks, she fixes
it. If the window is broken (not by you), she has to fix it, etc... BUT a washer and
dryer are NOT necessities and as a result, she may only be providing those as
"extras." Without a lease stating specifically that she is providing a washer and
dryer as part of your agreement to live there, then she is not responsible to upkeep
them and keep them operational. After all, you COULD take your stuff to a
landromat.

Similar situation on Central Air and heating... in Virginia, Heat is absolutely required
in order to rent out a home, so the home must have operational heat and your
landlord is responsible. However, Air Conditioning may not be required for life there.
But, in Phoenix Arizona, where it gets crazy hot, AC may be required.

I hope that helps.

How Does a Month-to-Month Lease Work?

Introduction

1. A lease is a legally binding contract between a landlord and a tenant, no matter how long
the term of the lease. Therefore, a month-to-month lease has the same legal weight as an
annual or two-year lease.

Terms and Conditions of a Lease

2. A lease outlines the terms and conditions by which the landlord is willing to rent the
apartment. By signing the lease, the tenant agrees to live by the terms and conditions as
outlined in the lease agreement.

The agreement outlines pertinent information such as the address of the premises, amount
of rent, when the rent is due, late payment charges, whether or not utilities are included,
length of the lease and more. If there are any sticking points in a lease agreement, they can
be modified as long as both parties agree.

Advantages of a Month-to-Month Lease

3. The length of the lease depends, on the most part, on the landlord and tenant
relationship. Some landlords prefer to have a month-to-month lease with a new tenant until
they become more comfortable with the tenant. If a tenant is a poor tenant and does not pay
the rent on time and abuses the property, the landlord is not obligated to endure the tenant's
behavior for longer than 30 days, since the lease is on a month-to-month basis.

There are also occasions when tenants prefer month-to-month leases. Tenants who are
 transient, for example, may only want a month-to-month lease. Their job may require them
to move often, so they don't want to be legally obligated to live out the term of an annual
lease.

Disadvantages of a Month-to-Month Lease

4. Tenants and landlords looking for long-term relationships and security shy away from
month to month leases. Depending on the housing market, sometimes its difficult to get
reliable tenants, while other times its difficult for tenants to find quality affordable housing.

An annual lease offers security for tenants wanting to remain in an apartment just as it does
for a landlord wishing to keep a good tenant.

The one thing that month-to-month and an annual leases have in common is that each party
has to give the other party ample notice (usually 30 days) if they wish to terminate the
landlord/tenant relationship.

Read more: How Does a Month-to-Month Lease Work? | eHow.com http://www.ehow.com/how-

does_4605177_monthtomonth-lease-work.html#ixzz17CrKtK3P

Stuck with a month-to-month lease

August 31, 2008|By Robert Griswold

•
o
o

•
o
o
o

Q: My nine-month lease expired a few months ago. That lease

stated: "Unless written notice is given by Lessor to Lessee or by
Lessee to Lessor at least (30) days prior to the expiration of this
Lease, then this Lease shall automatically renew for (1) month
periods (month-to-month) until written notice is given by one party
to the other not less than 30 days prior to the end of any one
month."

Approximately 45 days before my lease expired the management

company sent me a letter saying that my lease was ending and
included several options with different lease terms and rents. The
longer the term, the lower the monthly rent. In addition, it stated
that I had to let them know of my acceptance to those terms by the
end of that month.

At that time I didn't know what I wanted to do so I did nothing and I

am now on a month-to-month basis. I have now decided that I want
to take advantage of their offer for a longer-term lease at the lower
rental rate but they say that I'm committed to a month-to-month
lease. Can't I make them offer the long-term lease? If not, I want to
move, but they tell me that I can only give my 30-day notice at the
end of the month. Is that right?

Property manager Robert Griswold replies: You cannot force the

landlord to offer the same lease terms at this time. Because you did not
respond to your landlord's letter at least 30 days before the end of your
lease it looks like you are stuck with a month-to-month agreement.

If you decide you want to move, you should give your landlord a 30-day
written notice of termination of your tenancy. There is no requirement that
you can only give a notice to vacate at any certain time of the month. You
could give your notice on the 15th of the month and not have to move until
30 days have passed. If you do this, be sure to only pay the prorated rent at
the beginning of the next month, 15 days in this case, or your landlord can
claim that you invalidated your own notice.

Q: My lease has reverted to a month-to-month rental agreement.

Due to my husband's job relocation, we gave a 30-day notice for
vacating the apartment. Now my apartment manager comes in twice
a day to show the apartment to prospective renters. I feel this is an
invasion of my privacy. She calls me five minutes prior to coming to
ask my permission for entry. I have not refused yet, but have had an
argument with her regarding this subject. She argued that it was her
right to enter and said that she could even enter in my absence.
Lease
From Wikipedia, the free encyclopedia
Jump to: navigation, search
This article needs additional citations for verification.
Please help improve this article by adding reliable references. Unsourced material
may be challenged and removed. (August 2008)
The examples and perspective in this article may not represent a
worldwide view of the subject. Please improve this article and discuss
the issue on the talk page. (December 2010)
See also: leasing and renting

A lease is a contract calling for the lessee (user) to pay the lessor (owner) for use of an asset.[1] A
rental agreement is a lease in which the asset is tangible property.[2] Leases for intangible
property could include use of a computer program (similar to a license, but with different
provisions), or use of a radio frequency (such as a contract with a cell-phone provider). A gross
lease is when the tenant pays a flat rental amount and the landlord pays for all property charges
regularly incurred by the ownership from lawnmowers and washing machines to handbags and
jewellry.[3]

A cancelable lease is a lease that may be terminated solely by the lessee or solely by the lessor. A
non-cancelable lease is a lease that cannot be so terminated. In common parlance, “lease” may
connote a non-cancelable lease, whereas “rental agreement” may connote a cancelable lease.

The lease will either provide specific provisions regarding the responsibilities and rights of the
lessee and lessor, or there will be automatic provisions as a result of local law. In general, by
paying the negotiated fee to the lessor, the lessee (also called a tenant) has possession and use
(the rental) of the leased property to the exclusion of the lessor and all others except with the
invitation of the tenant. The most common form of real property lease is a residential rental
agreement between landlord and tenant.[4] The relationship between the tenant and the landlord is
called a tenancy, and the right to possession by the tenant is sometimes called a leasehold
interest. A lease can be for a fixed period of time (called the term of the lease) but (depending
on the terms of the lease) may be terminated sooner.

A lease should be contrasted to a license, which may entitle a person (called a licensee) to use
property, but which is subject to termination at the will of the owner of the property (called the
licensor). An example of a licensor/licensee relationship is a parking lot owner and a person who
parks a vehicle in the parking lot. A license may be seen in the form of a ticket to a baseball
game. The difference would be that if possession is subject to ongoing, recurrent payments and is
generally not subject to termination except for misconduct or nonpayment, it is a lease; if it's a
one-time entrance onto someone else's property, it's probably a license. The seminal difference
between a lease and a license is that a lease generally provides for regular periodic payments
during its term and a specific ending date. If a contract has no ending date then it may be in the
form of a perpetual license and still not be a lease.
Under normal circumstances, owners of property are at liberty to do what they want with their
property (for a lawful purpose), including dealing with it or handing over possession of the
property to a tenant for a limited period of time. If an owner has surrendered possession to
another (i.e., the tenant) then any interference with the quiet enjoyment of the property by the
tenant in lawful possession is itself unlawful.

Similar principles apply to real property as well as to personal property, though the terminology
would be different. Similar principles apply to sub-leasing, that is the leasing by a tenant in
possession to a sub-tenant. The right to sub-lease can be expressly prohibited by the main lease,
sometimes referred to as a "master lease".

Contents
[hide]

• 1 History
• 2 General terms
• 3 Types of tenancies
o 3.1 Fixed-term tenancy or tenancy for years
o 3.2 Periodic tenancy
o 3.3 Tenancy at will
o 3.4 Tenancy at sufferance
• 4 Formalities
• 5 Term
• 6 Rent
• 7 Car rental
• 8 Real estate rental
o 8.1 Deposit
o 8.2 Insurance
• 9 Land lease
• 10 Sublease
• 11 Head lease
• 12 See also

• 13 References

[edit] History

Over the centuries, leases have served many purposes and the nature of legal regulation has
varied according to those purposes and the social and economic conditions of the times. Leases,
for example, were mainly used for agricultural purposes until the late 18th century and early 19th
century when the growth of cities in industrialised countries had made leases an important form
of landholding in urban areas.

The modern law of landlord and tenant in common law jurisdictions retains the influence of the
common law and, particularly, the laissez-faire philosophy that dominated the law of contract
and property law in the 19th century. With the growth of consumerism, consumer protection
legislation recognised that common law principles, which assume equal bargaining power
between the contracting parties, create hardships when that assumption is inaccurate.
Consequently reformers have emphasised the need to assess residential tenancy laws in terms of
protection they provide to tenants. Legislation to protect tenants is now common.

[edit] General terms

A Lease is a legal contract, and thus enforceable by all parties under the Contract Laws of the
applicable jurisdiction. But, since it also represents a conveyance of possessory rights to real
estate, it is a hybrid sort of contract that involves qualities of a deed. Some specific kinds of
leases may have specific clauses required by statute depending upon the property being lease,
and/or the jurisdiction in which the agreement was signed or the residence of the parties.

Common elements of a lease include:

• Names of the parties of the agreement.

• The starting date and duration of the agreement.
• Identifies the specific object (by street address, VIN, or make/model,serial
number) being leased.
• Provides conditions for renewal or non-renewal.
• Has a specific consideration (a lump sum, or periodic payments) for granting
the use of this object.
• Has provisions for a security deposit and terms for its return.
• May have a specific list of conditions which are therein described as Default
Conditions and specific Remedies.
• May have other specific conditions placed upon the parties such as
o need to provide insurance for loss
o restrictive use
o which party is responsible for maintenance

All kinds of personal property (eg: cars, furniture,...) or real property (raw land, apartments,
single family homes, and business property (including wholesale and retail)) may be leased. As a
result of the lease, the owner (lessor) grants the use of the stated property to the lessee.

[edit] Types of tenancies

[edit] Fixed-term tenancy or tenancy for years

A fixed-term tenancy or tenancy for years lasts for some fixed period of time. It has a definite
beginning date and a definite ending date. Despite the name "tenancy for years", such a tenancy
can last for any period of time—even a tenancy for one week may be called a tenancy for years.
At Common law the duration did not need to be certain, but could be conditioned upon the
happening of some event, (e.g., "until the crops are ready for harvest" or "until the war is over").
In many jurisdictions that possibility has been partially or totally abolished.[5]

A fixed term tenancy comes to an end automatically when the fixed term runs out or, in the case
of a tenancy that ends on the happening of an event, when the event occurs. If a holdover tenant
remains on the property after the termination of the lease, s/he may become a tenant at sufferance
because the lessor/landlord has suffered (or allowed) the tenant to remain as a tenant instead of
evicting him or her. Such a tenancy is generally "at will," meaning the tenant or the landlord may
terminate it at any time, upon the providing of proper statutory notice.

[edit] Periodic tenancy

A periodic tenancy also known as a tenancy from year to year, month to month, or week to week,
is an estate that exists for some period of time determined by the term of the payment of rent. An
oral lease for a tenancy of years that violates the Statute of Frauds (by committing to a lease of
more than — depending on the jurisdiction — one year without being in writing) may actually
create a periodic tenancy, depending on the laws of the jurisdiction where the leased premises are
located. In many jurisdictions the "default" tenancy, where the parties have not explicitly
specified a different arrangement, and where none is presumed under local or business custom, is
a month-to-month tenancy.

Either the landlord or the tenant may terminate a periodic tenancy when the period or term is
nearing completion, by giving notice to the other party as required by statute or case law in the
jurisdiction. Neither landlord nor tenant may terminate a periodic tenancy before the period has
ended, without incurring an obligation to pay for the months remaining on the lease. Either party
must give notice if it intends to terminate a tenancy from year to year, and the amount of notice
is either specified by the lease or by state statute. Notice is usually, but not alway, at least one
month, especially for the year to year periodic tenancy. Durations of less than a year must
typically receive notice equal to the period of the tenancy - for example, the landlord must give a
month's notice to terminate a tenancy from month to month. However, many jurisdictions have
increased these required notice periods, and some have reduced the capacity of a landlord to use
them drastically. For jurisdictions that have local rent control laws, a landlord's ability to
terminate a residential tenancy is substantially reduced. For example, in California, the cities of
Los Angeles, Santa Monica, West Hollywood, San Francisco, and Oakland have "rent
stabilization ordinances" that limit a landlord's ability to terminate a periodic tenancy, among
other restrictions.

The notice must also state the effective date of termination, which, in some jurisdictions, must be
on the last day of the payment period. In other words, if a month-to-month tenancy began on the
15th of the month, in a jurisdiction with a last day requirement the termination could not be
effective on the 20th of the following month, even though this would give the tenant more than
the required one month's notice.

[edit] Tenancy at will

A tenancy at will is a tenancy which either the landlord or the tenant may terminate at any time
by giving reasonable notice. Unlike a periodic tenancy, it isn't associated with a time period. It
may last for many years, but it could be ended at any time by either the lessor or the lessee for
any reason, or for no reason at all. Proper notice, as always with landlord/tenant law, must be
given, as set forth in the state's statutes. If there is no formal lease, the tenancy at will is the one
that usually exists. In rare cases it may occur where the tenancy is not for consideration. Under
the modern common law, a tenancy at will without compensation is very rare, partly because it
comes about only if the parties expressly agree that the tenancy is for no rent, commonly where a
family member is allowed to live in a home (a nominal consideration may be required) without
any formal arrangements. In most residential tenancies for a fixed term, for consideration, the
tenant may not be removed except for cause, even if there is no written lease. (However, an oral
lease for more than 12 months is not enforceable if the statute of frauds in the jurisdiction
includes leases of more than 12 months.) Many residential leases convert to "at will" tenancy
subject to 30-days notice. Alternatively, a tenancy at will (without a specific time limit) may
exist for a temporary period where a tenant wishes to take possession of a property and the
landlord agrees, but there is insufficient time in which to negotiate and complete a new lease. In
this case, the tenancy at will is terminated as soon as a new lease is negotiated and signed. The
parties may also agree on the basis that if the parties fail to enter into a new lease within a
reasonable time period, then the tenant must vacate the premises.

If a lease exists at the sole discretion of the landlord, the law of the jurisdiction may imply that
the tenant is granted, by operation of law, a reciprocal right to terminate the lease at will.
However, a lease that explicitly exists at the will of the tenant (e.g. "for as long as the tenant
desires to live on this land") generally does not imply that the landlord may terminate the lease;
rather, such language may be interpreted as granting the tenant a life estate or even a fee simple.

A tenancy at will is broken, again by operation of law, if the:

• Tenant commits waste against the property;

• Tenant attempts to assign the tenancy;
• Tenant uses the property to operate a criminal enterprise;
• Landlord transfers his/her interest in the property;
• Landlord leases the property to another person;
• Tenant or landlord dies.

The specifics of these rules differ from jurisdiction to jurisdiction.

Subject to any notice required by law, a tenancy at will also comes to an end when either the
landlord or the tenant acts inconsistently with a tenancy. For example, the changing of locks by
the landlord is an indication of the end of the tenancy, as is the vacation of the premises by the
tenant. However, in some jurisdictions, such as California, a landlord is prohibited from using a
"self help" remedy, such as changing the locks, to terminate a tenancy, particularly a residential
tenancy. Doing so may constitute a "constructive eviction" and expose the landlord to civil and
criminal liability.

[edit] Tenancy at sufferance

A tenancy at sufferance (sometimes called a holdover tenancy) exists when a tenant remains in
possession of a property after the expiration of a lease, and until the landlord acts to eject the
tenant from the property. Although the tenant is technically a trespasser at this point, and
possession of this type is not a true estate in land, authorities recognize the condition in order to
hold the tenant liable for rent. The landlord may evict such a tenant at any time, and without
notice.
The landlord may also impose a new lease on the holdover tenant. For a residential tenancy, this
new tenancy is month to month. For a commercial tenancy of more than a year, the new tenancy
is year to year; otherwise it is the same period as the period before the original lease expired. In
either case, the landlord can raise the rent, so long as the landlord has told the tenant of the
higher rent before the expiration of the original lease.

[edit] Formalities

The formal requirements for a lease are determined by the law and custom of the jurisdiction in
which real property is located. In the case of personal property, it is determined by the law and
custom of the jurisdiction in which the rental agreement is made.[6]

A tenancy for a duration greater than one year must be in writing in order to satisfy the Statute of
Frauds.

[edit] Term

The term of the lease may be fixed, periodic or of indefinite duration. If it is for a specified
period of time, the term ends automatically when the period expires, and no notice needs to be
given, in the absence of legal requirements. The term's duration may be conditional, in which
case it lasts until a specified event occurs, such as the death of a specified individual. A periodic
tenancy is one which is renewed automatically, usually on a monthly or weekly basis. A tenancy
at will lasts only as long as the parties wish it to, and may be terminated by either party without
penalty.

It is common for a lease to be extended on a "holding over" basis, which normally converts the
tenancy to a periodic tenancy on a month by month basis. It is also possible for a tenant, either
expressly or impliedly, to give up the tenancy to the landlord. This process is known as a
"surrender" of the lease.

[edit] Rent

Rent is a requirement of leases in some common law jurisdiction, but not in civil law
jurisdiction. In England it was held in the case of Ashburn Anstalt v Arnold that rent was not a
requirement for there to be a lease, however the court will more often construe a licence where
no rent is paid as it is seen as evidence for no intention to create legal relationship. There is no
requirement for the rent to be a commercial amount. "Pepper corn" rent or rent of some nominal
amount is adequate for this requirement.

[edit] Car rental

In addition to the above, a car rental agreement may include various restrictions on the way a
renter can use a car, and the condition in which it must be returned. For example, some rentals
cannot be driven off-road, or out of the country, or towing a trailer, without specific permission.
In New Zealand you may have to specifically endorse a promise that the car will not be driven
onto Ninety-mile Beach (because of the hazardous tides).
There will certainly be a requirement to show a driver's license, and only those drivers appearing
on the contract may be authorized to drive. It may include an option to purchase auto insurance
(motor insurance, UK), if the renter does not already have a policy to cover rentals—another
important consideration for multiple drivers. Some agencies may even require a bond payable if
the car is not returned in order, often held in the form of a credit-card authorization—voided if
the car is returned per agreement. A renter should be advised that he or she will be responsible
for any parking or traffic violations incurred upon the vehicle during the rental period. There
should also be advice on handling thefts, accidents, break-downs, and towing.

Further terms may include added fees for late returns, drop-off at a different location, or failure
to top up the petrol immediately before the return.

Finally, there may be provisions for making a non-refundable deposit with a booking, terms for
payment of the initial period (with discounts, vouchers, etc), extended periods, and any damages
or other fees that accrue prior to the return.

[edit] Real estate rental

A rental agreement is often called a lease, especially when real estate is rented. In addition to the
basics of a rental (who, what, when, how much), a real estate rental may go into much more
detail on these and other issues. The real estate may be rented for housing, parking a vehicle(s),
storage, business, agricultural, institutional, or government use, or other reasons.

• Who: The parties involved in the contract, the lessor (sometimes called the
owner or landlord) and the lessee (sometimes called the renter or tenant) are
identified in the contract. A housing lease may specify whether the renter is
living alone, with family, children, room-mate, visitors. A rental may delineate
the rights and obligations of each of these. For example, a "sub-let" to a
stranger might not be permitted without permission of the landlord. This also
applies to whether or not pets may be kept by the renter. On the other hand,
the renter may also have specific rights against intrusions by the landlord (or
other tenants), except under emergency circumstances. A renter is in
possession of the property, and a landlord would be trespassing upon the
renter's rights if entry is made without proper notice and authority (e.g., 24
hours' notice, daytime, knock first, except for emergency repairs, in case of
fire, flood, etc).
• What: Rented real estate may include all or part of almost any real property,
such as an apartment, house, building, business office(s) or suite, land, farm,
or merely an inside or outside space to park a vehicle, or store things. The
premises rented may include not only specific rooms, but also access to other
common areas such as off-street parking, basement or attic storage, laundry
facility, pool, roof-deck, balconies, etc. The agreement may specify how and
when these places may be used, and by whom. There may be detailed
description of the current condition of the premises, for comparison with the
condition at the time the premises are surrendered.
• When: the term of the rental may be for a night (e.g., a hotel room), weeks,
months, or years. There may be statutory provisions requiring registration of
 any rental that could extend for more than a specified number of years (e.g.,
seven) in order to be enforceable against a new landlord.

A typical rental is either annual or month-to-month, and the amount of rent

may be different for long-term renters (because of lower turnover costs).
Leaving a long-term lease before its expiration could result in penalties, or
even the cost of the entire agreed period (if the landlord is unable to find a
suitable replacement tenant, after diligent pursuit). If a tenant stays beyond
the end of a lease for a term of years (one or more), then the parties may
agree that the lease will be automatically renewed, or it may simply convert
to a tenancy at will (month-to-month) at the pro-rated monthly cost of the
previous annual lease. If a tenant at will is given notice to quit the premises,
and refuses to do so, the landlord then begins eviction proceedings. In many
places it is completely illegal to change locks on doors, or remove personal
belongings, let alone forcibly eject a person, without a court order of eviction.
There may be strict rules of procedure, and stiff penalties (triple damages,
plus attorneys' fees) for violations.

• How much: Rent may be payable monthly, annually, or in advance, or as

otherwise agreed. A typical arrangement for tenancy at will is "first and last
month's rent" plus a security deposit. The "last month's rent" is rent that has
yet to be earned by the landlord.

[edit] Deposit
See also: Security deposit, Damage deposit, and Key money

The security deposit is often handled as an escrow deposit, owned by the tenant, but held by the
landlord until the premises are surrendered in good condition (ordinary wear and tear excepted).
In some states, the landlord must provide the tenant with the name and account number of the
bank where the security deposit is held, and pay annual interest to the tenant. Other regulations
may require the landlord to submit a list of pre-existing damage to the property, or forfeit the
security deposit immediately (because there is no way to determine whether a prior tenant was
responsible).

[edit] Insurance

In order to rent or lease in many apartment buildings, a renter (also referred to as a “lessee") is
often required to provide proof of renters insurance before signing the rental agreement. There is
a special type of the homeowners insurance in the United States specifically for renters — HO-4.
This is commonly referred to as renter’s insurance or renter's coverage. Similar to condominium
coverage, referred to as a HO-6 policy, a renter's insurance policy covers those aspects of the
apartment and its contents not specifically covered in the blanket policy written for the complex.
This policy can also cover liabilities arising from accidents and intentional injuries for guests as
well as passers-by up to 150' of the domicile. Renter’s policies provide "named peril" coverage,
meaning the policy states specifically what you are insured against. Common coverage areas are:

• Fire or Lightning
• Windstorm
 • Smoke
• Vandalism or Malicious Mischief
• Theft
• Accidental Discharge of Water [7]

Additional events including riot, aircraft, explosion, smoke, hail, falling objects, volcanic
eruption, snow, sleet, and weight of ice may also be covered.[8]

[edit] Land lease

A land lease or ground lease is a lease in which the tenant rents and uses the land, but owns the
temporary or permanent buildings and other objects placed upon it.

This section requires expansion.

[edit] Sublease
Look up sublease or sublet in Wiktionary, the free dictionary.

In real estate law, sublease (or, less formally, sublet) is the name given to an arrangement in
which the lessee in a lease assigns the lease to a third party, thereby making the old lessee the
sublessor, and the new lessee the sublessee, or subtenant. This means you are renting and renting
out the same property at the same time. For example, the owner of an office building may lease
the whole building to a management company. This company may then sublease parts of the
building to other people. The management company is said to sublet the property to the
individual tenants by means of a sublease. In this event, the management company (which was
previously the lessee under the original lease) becomes the sublessor, and the individual tenants
are subtenants or sublessees.

Sublessor remains liable to the original lessor for any damage to the property and for payment of
rent. Often the original lessee requires a lower rent payment from the sublessee than what he or
she may have originally paid, leaving a partial amount of the rent left up to the original lessee. It
is sometimes illegal to charge the subtenant more than the original amount in the sublessee's
contract (for instance, in a rent control situation where the rental amount is controlled by law).

A sublease can also apply to vehicles as an alternate type of car rental. In a vehicle sublease, a
lessee or vehicle owner can assign a lease to a third party and by way of contractual agreement
for specific dates. Although this arrangement is not popular, it is a growing trend in the travel
industry as a less expensive alternative for travelers and locals.

[edit] Head lease

A head lease is a lease between a tenant and a landlord in which overall contractual
responsibility is given to one identifiable tenant called the head lessee. This form of lease
normally relates to an entire building which is multi-tenanted and subleased, and is usually for a
longer term than the subleases.
Is month-to-month a right after your lease expires?

Elite '10
359
309
3/9/2008 sarah beth "foodfucker" S. says:

My landlord is asking me to sign a new 1 year lease. My current lease says " ..until March 31st 2008. Thereafter it
shall become a month-to-month tenancy." I thought that meant that when my lease expired I would be able to go to
month-to-month indefinitely. I kind of thought it was a tenant's right to do so after a year. But she is saying she can't
do month to month, only another year lease or I move out now. I will call LAHD in the morning but I don't know if I'll
get someone on the phone....does anyone have any info on this from experience?

THANKS.
SB

Elite '10
658
235
3/9/2008 Zizi "probably doesn't like you much" B. says:

Are you under rent control? If so, it's another story... but if you're not, you're up to their terms. I mean, even if they do
HAVE to give you month to month, then they can just give you 30 day notice and kick you out anyway... so, it
wouldn't make much of a difference.

633
574
3/9/2008 Kendo U. says:

I was offered month to month after the one year was up, but at a much higher rate. Or, I could sign for another year
at a lower rate.

Elite '10
359
309
3/9/2008 sarah beth "foodfucker" S. says:

I am in a rent controlled unit, yes. Thanks for your advice.

3/9/2008
This Yelper's account has been closed.

Elite '10
322
127
3/9/2008 Chris "The Other White Meat" B. says:

"Thereafter it shall become a month-to-month tenancy."

Which means she can ask you to leave at any time (with notice) for any reason, and that reason might be your refusal
to enter another year-long lease. She is probably within her right to do this. You actually have more protection with
the lease, because rent cannot go up during the lease period, unless it is specifically allowed in the agreement. If you
plan to be there another whole year, it's good for you. If you plan to leave before that, it might be bad.

Your best bet is probably to do what you planned (call LAHD).

Elite '10
322
127
3/9/2008 Chris "The Other White Meat" B. says:

Also, the CA Department of Consumer Affairs website has more info than the LAHD website:

http://www.dca.ca.gov/...

See the esctions on "Before You Agree To Rent" and "When You Have Decided To Rent."

3/9/2008
This Yelper's account has been closed.

Elite '10
359
309
3/10/2008 sarah beth "foodfucker" S. says:

LAHD said its within her rights to ask me to sign a new one or move out. Only if she doesn't give me one before the
date of the lease's expiration would I be automatically entitled to month to month.

I also asked if there are any differences in the rent stabilization laws between month-to-month renters or lease renters
and they said no. So if you're in a rent controlled unit doing month to month, they can't raise the rent but once a year
at 5% maximum. But that won't be me since I'll have to either sign a new lease or move out.

Month-to-month lease: Can the landlord terminate the lease

mid-month?
28 Mar

I have been renting a condo as a “winter rental” on a month to month

basis. The owner and I verbally agreed on the end of April as the approximate termination date,
but yesterday he told me to expect a 30 day notice within the next week. This is not an eviction,
he just wants his place back earlier than planned. Must he give me until the end of a month to
move out, or can he insist that I move out mid-month?
The exact wording on the lease is as follows: “The tenant or the landlord may determine not to
continue this contract at the conclusion of any month, provided written notice of intent is given
within 30 days prior to the conclusion of the month.”

• Landlord terminate lease agreement before I moved in.And I gave security

deposit,any advise?
• Is a landlord required to provide a written 30 day notice if the lease is an oral
month-to-month agreement?
• Landlord gave me a written notice stating ok to terminate lease, now suing?
• Can a landlord demand that I sign another 1 year lease after my first ends
and not allow month-to-month?
• Is a landlord required to provide a written 30 day notice if the lease is an oral
month-to-month agreement?

12 Comments

Posted in Lease Month

Tags: landlord, lease, midmonth, monthtomonth, terminate

1.

Wysteria

March 28, 2010 at 9:39 pm

He has to give you 30 days notice in most states,that I know of.

2.

jerrywv

March 28, 2010 at 9:50 pm

 Your lease would clarify this.

3.

spot

March 28, 2010 at 9:50 pm

He can ask you to leave with 30 day notice anytime. Start looking.

4.

Kevin M

March 28, 2010 at 10:21 pm

30 days notice is all that is required. Mid month is legal, hey at least the person is telling
you in advance.

5.

singledad

March 28, 2010 at 11:13 pm

with month to month lease, the landlord or you can terminate the lease with 30 notice,
sounds like thats what he is doing. It’s legal.
6.

Camoguntruck_lady

March 28, 2010 at 11:21 pm

Start looking for another place to lay your head. Yes they can give you a notice mid-
month. You had a ‘verbal month to month agreement’ which means either one of you can
terminate with a 30 day notice. Your landlord didn’t have to give you a heads -up on the
notice however, that was nice of him.

You may have originally decided together that you’d rent till April however, beings your
agreement was a ‘verbal month to month’ it does not count as a 6 to 12 month verbal
lease agreement.

7.

Tom T

March 28, 2010 at 11:24 pm

A verbal agreement is as good as a written one although it’s so hard to prove in court.
Besides, the end of April, by your own admission is only an “approximate termination
date” anyway.

There’s no obligation for your landlord to have to give you until the end of “a” month
either unless it’s in a formal lease agreement executed by both parties. You can, however
appeal to his good nature to let you stay a couple of weeks longer if you had difficulties
leaving at mid-month. Or you two can compromise and make the end date a week after
mid-month.

There’s a saying among business people:” In business, you don’t get what you deserve.
You get what you negotiate.”
8.

DS

March 28, 2010 at 11:47 pm

Either party can give a 30 day notice to move. It sounds like he found someone who is
willing to pay more per month then you. It puts you in a awkward position. Maybe he has
received complaints from the other tenants about you and the unit.

This could be a learning lesson for you, always get a written agreement. In California you
must now give a sixty days notice with no cause stated. Check with the fair housing
department in your state.

The link below will give you more basic information–

If the landlord wants a tenant to move out and does not give a reason, the tenant must be
given a 20-day notice to leave. The tenant must receive the notice at least 20 days before
the next rent is due.

9.

jncwhite

March 29, 2010 at 12:02 am

If he gives you a 30 day notice there isnt a lot you can do. If you had only verbally agreed
you have no proof to back you up on your claim that he agreed to let you move out at the
end of April. In Nebraska a landlord can kick you out for any reason at any time if you
are on a month to month lease.

10.
 Phoenix

March 29, 2010 at 12:39 am

As long as he gives you thirty days notice, I believe he can ask you to leave whenever he
wants to. He is essentially only offering you a half month (for example) as your next
month’s rental agreement.

But then again, I’d think he would have to give that to you thirty days before the
beginning of the month. Now I’m not so sure he can do that. I think if he only wanted to
rent to you for part of the month, he would have to give you notice of that thirty days
before the month began.

Hmmmmm…

11.

goz1111

March 29, 2010 at 1:12 am

some states require 30/whole month notice while others just require 30 days total ca i
believe

what is most likely going to happen is that in Jan he will give a 30 day notice to move out
by Feb 28

12.

boston857

March 29, 2010 at 2:09 am

He has acted accordingly. You will have 30 days from the notice date to vacate.
Landlord Tenant
What happens to the right of use and possession at the end of the period of
time set forth in the lease?
Ads by Google

Rent Melbourne Apartments Huge City Selection! Short or Long Term, Furnished or
Unfurnished. www.dinglepartners.com.au

Standard Rental Agreement Professional rental agreements by the experts inkdocs.com/rental-

agreements

At the end of the period of time set forth in the lease, the landlord may choose to terminate
the agreement and take possession of the rental property from the tenant. Typically, the
rental agreement states that the landlord must provide written notice to the tenant thirty
(30) days prior to the expiration of the lease term of the landlord's intention to take back
possession of the rental property (and the tenant will have to move out at the end of the
lease term).

However, the lease may have a provision under which the tenant is given an "option" to
renew the lease for a specified amount of time. If the tenant is not in default at the time of
the expiration of the lease term, the tenant may be able to send written notice to the
landlord of his/her intention to exercise the option of renewal and continue to use and
occupy the rental premises for the duration of the option period.

Many leases state that if the lease is not renewed as of the expiration of the lease term
(such as a six month lease without an option to renew for an additional six months), that
the lease term will automatically be set as a month-to-month lease.

Under a month-to-month lease, both the landlord and the tenant may give thirty (30) days
notice to the other party of his/her intention to terminate the rental agreement. Typically
this notice must be provided to the other party in writing. In the event that less than thirty
(30) days notice is provided, the notice could be disregarded and the rental agreement
continues. For example, if a tenant gives notice to the landlord on July 15, 1998 of his
intention to vacate the rental property on August 1, 1998, this notice is defective and the
landlord can continue to hold the tenant responsible for the payment of rent for the rental
property for the month of August 1998.

Rent Control Laws of the Philippines

By Ian Graham, eHow Contributor
updated: April 29, 2010
I want to do this!

The Philippines Rent Control Act of 2009 imposed a one-year prohibition on rent increases for affected properties.

The Philippines Republic Act No. 9653, also known as the Rent Control Act of 2009, approved by
President Gloria Macapagal Arroyo on July 14, 2009, imposed a one-year moratorium on rent
increases for affected properties and also limited the amount by which rent can be increased until at
least the end of 2013.

Purpose of Legislation

1. A consolidation of Senate Bill No. 3163 and House Bill No. 6098, which were passed by
the House of Representatives and the Senate on May 26 and May 27, 2009, the Rent
Control Act of 2009 was designed to encourage the development of affordable housing for
lower-income people by protecting them from unreasonable increases in rent. It prohibited
the landlord of any residential property it covered from raising the rent for one year from the
time it took effect, which was 15 days after its complete publication in at least two general-
circulation newspapers. Fines of 25,000 to 50,000 pesos and imprisonment between one
month plus one day and six months in duration may be imposed on a person who violates
provision of the act.
Affected Properties

2. The Rent Control Act of 2009 covers any residential unit with a monthly rental rate of
one to 10,000 pesos in the National Capital Region in and around the capital city of Manila
as well as in other highly urbanized cities. In other areas, it covers rental properties with
rents between one and 5,000 pesos per month. A property will cease to be covered by the
act if a tenant enters into a rent-to-own agreement with the owner.

Rent Increase Limits

3. Following the one-year moratorium on rent increases and until December 31, 2013, the
Rent Control Act of 2009 limits the rent increase on any residential property it covers to no
more than seven per cent per year while it is occupied by the same tenant. It allows
landlords to set a new intial rent for a new tenant after it becomes vacant, but boarding
houses, dormitories and other rooms rented to students may not have their rent increased
more than once per year. After December 31, 2013, the act grants the Housing and Urban
Development Co-ordinating Council (HUDCC) the authority to continue regulating rent, to
determine the period of rent regulation and to extend rent regulation, as well as to adjust the
annual rent increase limit based on the National Statistics Office census on rental units,
current rental rates, the monthly inflation on rentals of the preceeding year and the rental
price index. It also stipulates that HUDCCC will review the act's inplementation and study
rental regulation every three years to give Congress a recommendation on whether
continuing regulation or deregulation is warranted. It also gives HUDCC a mandate to create
and implement a two-year transition program to be put in place if deregulation is
recommended and approved.

Rights and Responsibilities

4. The Rent Control Act of 2009 requires that tenants pay rent in the first five days of the
month unless the contract provides otherwise. It limits landlords to requiring no more than
one month's rent in advance and prohibits deposits greater than two months' rent, which
must be kept in a bank under the landlord's name with any interest accrued being provided
to the renter when the lease contract ends. The act also allows landlords to use any deposit
to pay for unpaid utility bills or damage caused to the property by the tenant and return any
balance to the tenant. Tenants are prohibited from subletting any part of a rental property, or
accepting boarders, without the written consent of the landlord.

Eviction

5. Judicial ejectment, or eviction, is allowed under the Rent Control Act of 2009 under the
following circumstances: if subletting occurs without the owner's consent; if the tenant fails
to pay rent for a total of three months; if the owner wishes to repossess the property for
personal use or use by his or her immediate family, providing any lease agreement has
expired; if the owner wishes to make repairs to the property because it is subject to an order
of condemnation; or if a lease contract has expired. A tenant can not be evicted solely
because a property has been motgaged or sold.
Read more: Rent Control Laws of the Philippines | eHow.com
http://www.ehow.com/about_6398636_rent-control-laws-philippines.html#ixzz17D5dari6

Terminating or Ending a Residential Lease

Text Size:

Lawyers.comsm

There are dozens of reasons why you might want to terminate a lease. Maybe you're changing jobs or graduating from college and
you need to relocate. Maybe your tenant refuses to get rid of her dog even though you've asked her to do so because the lease has
a "no pets" clause.
Often, you have to let the other party know that you want out of the lease beforehand. Also, the type of the lease has an impact on
if, when and how it can be terminated early.
The landlord-tenant laws of most states, and the ordinances of many cities, have detailed provisions for terminating or ending a
residential lease. So, be sure to check those laws carefully, or consider getting some help from a real estate lawyer before you try to
terminate a lease.

Types of Leases & "Notice"

You're likely to come across two basic types of residential leases, even though there are others. They are:

• Fixed term, or "tenancy for years," which is a lease for a specified period of time, usually 12 months or more, with specific
beginning and ending dates
• Periodic, or "month-to-month," which is a lease for a specific amount of time, and if it's not properly terminated before the
end of the term, it automatically renews for the same period of time
These two types of leases are often related. For example, say you sign a lease for 12 months, beginning on January 1, 2009 and
ending on December 31, 2009. That's a fixed term lease. In most states, and according the language in many leases, if you remain
on the premises after December 31 (called "holding over"), you've created a month-to-month, periodic lease, which renews each
month until one of you terminates it.
In most states, the party who wants to terminate a periodic lease must give notice to the party that he or she wants to terminate the
lease. Also, notice usually has to be in writing and it must be sent via registered or certified mail, or delivered in person to the
landlord.
A fixed term lease expires at the end of its term, and generally no notice is required, unless one party wants to terminate it early. Of
course, as stated above, if the tenant holds over after it expires, the notice rules for terminating a periodic lease apply.

Grounds for Termination

A periodic lease can be terminated at anytime by either party, so long as the proper notice is given. A fixed term lease, on the
other hand, usually can be terminated early only for a reason.
The most common reason why someone wants to terminate a lease early is because one party breached or violated the lease. For
example, the landlord might want to terminate the lease because the tenant:

• Remained on the premises after not paying the rent

• Broke a major provision of the lease, such as having a dog or other pet when the lease contained a "no pet" provision
• Committing illegal acts on the premises, such as selling drugs
Some examples of a landlord's breach of the lease that might cause a tenant to terminate include:

• Breach of the covenant of quiet enjoyment, which is a promise by the landlord that the tenant will have the exclusive right
to use and enjoy the leased premises, in peace. For example, allowing a co-tenant/neighbor to play loud music late at
night over your objections and complaints
 • Breach of the warranty of habitability, which is the landlord's responsibility to keep the premises safe, clean and "livable,"
such as by keeping the premises structurally safe and providing adequate heat and water
Some other things that will, or won't, allow one party to terminate include:

• A specific event stated in the lease, such as, "this lease will terminate if the premises are destroyed" by fire or natural
disaster, for example
• The bankruptcy of the tenant is not a ground for termination by either party
• Unless the lease provides otherwise, if the premises are sold, the lease doesn't terminate and the buyer/owner becomes
the landlord. This includes foreclosures, where the new owner, usually a bank or mortgage company, becomes the new
owner

What Changes?
When a lease is properly terminated, the tenant's rights in the property end, and the tenant is no longer liable for future rent
payments, although he or she may be liable for unpaid rent up to the date of termination. Or, if the tenant terminated the lease early
without good cause, he or she will likely be liable for some or all of the rent that would have been due and paid to the landlord for the
entire term of the lease.
The tenant must surrender the property to the landlord. If the tenant holds the premises after the expiration or in violation of the
terms of the lease, the landlord can begin an eviction lawsuit to regain possession of the property. In most states, a landlord can't
remove a tenant from the premises without going through the eviction process and getting a court order. In this sense, terminating
the lease is the first step of the eviction process.

Questions for Your Attorney

• My tenant wants to terminate a lease early. Can I let her out of the lease and make his roommate pay the entire rent?
• My one-year lease has a "subletting" clause, and I need to get out of it early. What can happen if I sublet it and the
landlord finds out?
• My landlord gave me notice of termination of our month-to-month lease, and then he changed the locks on the doors. Can
he do that

Lease Agreement

A rental contract between a tenant and an apartment management company is, technically, a
lease agreement. The term, lease agreement, and the term, contract, will be used interchangeably
in this document.

If you rent a hotel room for one day, you pay for one day, and the contract expires at the end of
one day. If you rent a vacation cabin for a week and pay for a week, the rental contract expires at
the end of one week. Apartment rentals are frequently for one month; the tenant pays for one
month at a time. Either the tenant or the rental company may allow the contract to expire at the
end of the month by not renewing the contract. That is, either party may terminate the contract at
the end of the payment period (month). No justification is required to terminate the contract.

The month-to-month lease agreement allows the apartment manager and the management
company the opportunity to fairly easily dissolve the contractual relationship with a tenant. That
is a significant advantage from a managerial point of view.

The other type of contract, a lease agreement for a specified term, usually a year, is often
preferred by investors and management companies because it seems to offer financial security
and stability. However, dissolving a long-term lease agreement before the expiration date is
sometimes desirable or necessary and doing so can be difficult for the tenant or the company or
for both.

If a tenant desires to escape a long-term lease agreement prior to the expiration date, the tenant
owes some obligation to the rental company. The obligation may be specified in the agreement
or by law. The following is an example of the way that obligation might be expressed. A tenant
who vacates prior to the expiration of the lease agreement shall continue to pay rent until the
rental company can rent the apartment to another tenant. The rental company has an obligation to
diligently attempt to rent the apartment. If the apartment management company is unable to rent
the apartment at the same rate paid by the out-going tenant and must accept a lesser rate, the out-
going tenant is obligated to pay the difference for the duration of the original agreement. The
problem lies in enforcement.

A tenant abruptly loses a job and cannot pay the rent. Do you want to enforce the lease
agreement? You will probably allow the tenant to vacate without penalty. Legal pursuit of the
matter might prove both costly and futile. Now suppose the tenant in the apartment next door,
who holds a good job, is offered an even better job 2000 miles away, provided that the tenant
starts work immediately. You are now in the position of saying: "I let your neighbor vacate
without penalty but, in your case, I am going to enforce the lease agreement." If you resort to
legal process to enforce the contract, the costs may exceed the benefits. Certainly, you risk
damaging the reputation of your apartment complex.

If you need to evict a tenant who holds a long term lease agreement, e.g. a one year agreement,
you must be prepared to prove that the tenant has violated one or more of the specific provisions
of the written lease. Proving failure to pay rent is fairly easy. Proving other violations of the
lease can be difficult. And if you discover you need to evict for a reason not mentioned in the
lease, you have an even greater problem. The author has knowledge of the following situation. A
tenant had uncontrolled children who were causing problems in the apartment complex. The
apartment management company attempted to evict but failed; the court held for the tenant.
Eventually there were six neighboring apartments that were unoccupied because the tenants had
moved out to escape the problem. Generally, long-term lease agreements need to cover every
contingency that might arise and cause difficulty for the tenant or for the management company.

All lease agreements require some or all of the following. You will want a clause that prohibits
subletting of the apartment. Every contract should contain the names of all adults who live in the
apartment and all of those adults should sign the contract. There may be a case when an adult,
who will not be living in the apartment, elects to accept contractual responsibility to enable an
adult son or daughter to occupy the apartment. The signatures of both the responsible party and
the occupying party should be on the contract and all contract signatures must be witnessed by an
agent of the apartment management company or by a notary public if someone signs in absentia.

A tenant should never be given a key to the apartment or allowed to place any object in the
apartment prior to the date the lease begins because, if that happens, the tenant is in possession of
the apartment and you have no contract governing that possession.
Sometimes a tenant who is occupying an apartment may want to move another person into the
apartment, i.e. share the apartment. The lease agreement should expressly demand that any adult
whom a tenant proposes to move into the apartment be required to submit a credit report, meet
all company requirements, and sign the lease agreement. If you allow a person to move in
without meeting these requirements, or if the move-in occurs surreptitiously, you may eventually
have a person you cannot identify in possession of an apartment, from whom you cannot collect
rent, and who may be very difficult to evict.

It is desirable to attempt to contractually preclude the tenant from conducting business operations
from an apartment, especially those that may disrupt the peace and tranquility of the neighbors.
Attempt may be the operative word. The author is aware of a case in which a court held that the
tenant had a right to operate a child day care service from an apartment.

Other clauses or addenda may include a pet policy, parking space controls, and other rules and
restrictions that are necessary for satisfactory operation of a community of human beings living
in close proximity.

Apartment lease agreements have a substantial number of clauses that identify the parties and
establish the terms and conditions to which both parties must adhere. Some of the language or
provisions may reflect the local jurisdiction where business is conducted. Just about any relevant
lawful term or condition can be written into a lease agreement. As society changes, new contract
provisions are required. For example, in recent decades it has become prudent to include a clause
to the effect that any unlawful drug activity will be grounds for termination of the contract and
eviction of the offending tenant. Making too much noise or doing so at an unreasonable time has
always been a problem. But that problem has been intensified by the sale of audio devices
powered by wattage sufficient to amplify a football stadium.

Potential tenants may be offended by the length of and terms in the apartment lease agreement.
But it should be noted that most sales or service contracts are complex and contain a vast amount
of "fine print." Those contracts reflect the requirements of doing business in a complex society.

This writing may appear partial toward insuring a capability to dissolve contracts. It is, of course,
our intent to retain tenants to the maximum feasible extent. But that cannot be accomplished by a
contract. Tenant retention is the result of our entire range of management activities.

Tenants sometimes prefer a one-year lease agreement because the rent rate cannot be increased
during the contractual period. And, as previously noted, investors and apartment management
companies tend to prefer annual lease agreements. An apartment manager should be aware of the
problems, the opportunities, and the managerial skills required to effectively utilize long-term
lease agreements. The apartment manager is advised to rely, extensively, on the management
company's legal staff when contract problems arise.

There is a government program that provides rent assistance payments for persons who qualify.
Management of apartment complexes that accept rent assisted tenants is somewhat specialized.
The rent rate must meet government approval. Two contracts are required, one between the
apartment management company and the tenant and an additional contract between the
apartment management company and the governmental agency. Two rent payments must be
collected, a partial payment from the tenant and the government share of the payment. Eviction,
should it become necessary, may be very difficult because of the additional contract with the
governmental agency.

Do not enter into a lease agreement with a minor.

Translate this Page

What Every Tenant Should
About NSLS Know…
Legal Services
Lease
Self-Help and Info
Newsletter A lease is a written agreement between a landlord and a tenant that
Contact NSLS contains the terms and conditions of the rental. A lease gives you and
your landlord rights and responsibilities. The important thing to
Job Opportunities
remember is that you can have a legal contract with your landlord, even
Legal Links if it's not in writing. Special note: In Suffolk County, a landlord must offer
Donations a written lease in buildings with 3 or more apartments.
Home
Discrimination

Sign up for our Email A landlord cannot refuse to rent to you because of your race, age,
national origin, religion, gender, sexual orientation, disability, marital
Newsletter status, or because you have children. Often, it's hard to know when
GO you've been discriminated against and it can be difficult to prove. If you
think a landlord has discriminated against you, you can complain to
Long Island Housing Services at (631) 467-5111. You can also file a
Site Search fair housing complaint with HUD at (800) 669-9777.

Before you Rent

Search

You can avoid trouble later on by being careful when you first rent a
house or apartment.

The first thing you'll want to know, of course, is how much the rent is.
Does the rent include heat and electricity? If you will be paying your
own heat and electricity, check with LIPA to obtain copies of old utility
bills for that house or apartment. The old bills will give you a history of
past utility costs and a good idea of how much you will be paying for
utilities each month. If the utility meter is shared with others in the
building, the law requires the landlord to have the meter in his name.
Security Deposit

Before you agree to hand over rent or a security deposit on a new place
to live, inspect the apartment or house carefully. Take a friend with you
and write down anything that needs to be fixed. If you can, take pictures
of each room.

Talk to your future landlord and find out when he will fix any problems.
It's a good idea to get this in writing. Also, check with the landlord about
things like trash cans, stove and refrigerator, and storm doors.

You might want to talk to other tenants in the building to find out about
any problems they may have had with the landlord or the building.

Be sure to get your landlord's address and phone number. Ask him
what to do in case of an emergency.

Most landlords require tenants to give a security deposit. The money

deposit is usually equal to one or two months rent. If you qualify, the
Department of Social Services can assist you with your security
deposit. Get a receipt for your security deposit and save it. The deposit
is intended to cover damages beyond normal wear and tear. You
should get all of your security deposit back “within a reasonable time”
after you move if you haven't damaged the apartment and are up-to-
date with your rent.

The deposit you give your landlord is still your money and can't be
spent by the landlord. The landlord has to tell you how much was
deposited and the name and address of the bank he or she put the
money into.

When you move out, take pictures of the premises. If the landlord
refuses to return your security deposit and you feel that you are entitled
to it, you can take the landlord to small claims court if the amount is less
than $3,000. (Call the NY Public Interest Research Group NYPIRG for
information on Small Claims at 631 632-6457).

Written Lease

A written lease is just a written agreement signed by both you and your
landlord. Your landlord may ask you to sign a written lease before
moving in. The lease can't be changed while it's in effect unless both
you and your landlord agree.

Always read a written lease very carefully BEFORE you sign it! Ask
questions if you don't understand something in the lease. The law says
that the lease must be written in clear, plain English. Also, you are
entitled to receive a signed copy of the lease. Whether your lease is
written or verbal, it must be consistent with New York State law. If a part
of your lease violates the law, that part of the lease is invalid and
cannot be enforced. But, that does not mean the entire agreement is
invalid. Keep a copy of your lease in a safe place.

Some things the lease should include...

-the address of the place you are renting

-the landlord's name and address

-the amount of rent and when it's due

-the amount of time that you'll be renting (for example, one year)

-both the landlord's and tenant's responsibilities (such as, what utilities
are included in the rent)

The main advantage of a written lease is that your landlord cannot

make you move or raise the rent until the lease ends (as long as you
pay your rent and follow the rules in the lease, of course). Most written
leases are good for a year, but they can be longer or shorter. The lease
gives the you the right to “quiet enjoyment” of the property until the
lease ends.

One bad part about a written lease is that if you want to move out
before the lease ends you may have to find a new tenant to take your
place. If you don't find a new tenant for the rest of the lease term, you
might be charged with the remaining rent even after you move! Another
possible downside of a written lease is if it includes the promise to pay
attorney's fees in case of an eviction (this is the only way a landlord can
charge you attorney's fees).

Month-to-month tenancy

If you do not have a written lease, how long your contract lasts depends
on how often you pay your rent. Most people pay their rent once a
month, which is called a month-to-month tenancy. (Also, tenants who
stay past the end of a lease are treated as month-to-month tenants if
the landlord accepts their rent). With a month-to month tenancy, you or
the landlord can give either verbal or written notice when you want to
change the agreement.

A landlord can propose to raise the rent of a month-to-month tenant

without the tenant’s consent. However, if you do not agree to pay the
new amount, the landlord can’t evict you for nonpayment, but can end
your tenancy by giving you appropriate notice and then bringing a
holdover proceeding. (It may be worth it to negotiate with the landlord
on an increase in rent that you can afford.)

Notice to terminate the tenancy before bringing a holdover proceeding

must include a full month's rent period and clearly state the date that
the tenancy ends. Even if you pay weekly, once you’ve been in the
apartment one month, the landlord must give one month’s notice to
terminate the tenancy. The landlord does not have to explain why he or
she wants the apartment back. You are more Aat risk@ than a tenant
with a written lease because the landlord can end your tenancy as long
as he lets you know a FULL MONTH'S RENT PERIODusually thirty
days) before the next due date of the rent. You must also give the
landlord notice a FULL MONTH'S RENT PERIOD before you move out.

Such notice does not automatically let the landlord evict you. If you
don't move out on the day that the tenancy ends, the landlord must
bring you to court. If you receive court papers for an eviction, contact an
attorney immediately to learn what your rights are.

The important thing to remember is that you have a legal contract with
your landlord, even if it's not in writing. Both you and your landlord have
to live up to that contract.

Record Keeping

Keep copies of ALL paperwork relating to your tenancy and keep them
in a safe place. This should include:

• a copy of the lease (if you have a written one)

• a receipt or cancelled check for your security payment
• rent receipts
• receipts for any repairs that you have made to the rental
property
• copies of all correspondence with the landlord.
• any photographs you've taken of the premises

If there is damage to the apartment before you move in, remember to

take pictures of it or make a detailed list of the damage and ask the
landlord to sign it. This is important, in case you have a problem getting
your security deposit back.

If you pay your rent with a check or money order, the cancelled check
or money order stub can be saved as your receipt. It’s a good idea to
write on the check or money order the period that the payment covers.
If you don’t pay by check or money order, New York State law requires
that your landlord give you a receipt. Even if you pay by money order,
you are entitled to a receipt. If you pay by check, you can get a receipt if
you ask for one. Be sure to get and save rent receipts from your
landlord for all payments you have made. New York State law requires
that the rent receipts include: the date you paid the rent, the amount
that you paid, the amount of time that the money is paying for, the place
being rented (i.e. the address and whether it's a house, apartment, etc.)
and the signature and title (i.e. landlord, building manager, etc. ) of the
person who received the rent.

Unwritten Responsibilities

New York State law says that some responsibilities are part of your
agreement with your landlord even if they are not spelled out. In other
words, these things are included in your agreement whether your
landlord tells you about them or not.

It's important to know what these responsibilities are, and to take steps
to protect them:

• You are responsible for paying the rent on time. The best way
to pay your rent is with a check or money order so that you
have a record of your payment. Try not to pay your rent with
cash. Always get a signed receipt for your rent. Save all your
rent receipts.
• You must let your landlord know when a repair is needed. You
must also allow the landlord to come in to make the needed
repair.
• You are responsible for any damage to the apartment that you
cause aside from normal wear and tear. Your landlord can keep
all or part of your security deposit to pay for any damages that
you cause.
• You must let the landlord have access to the apartment to
make repairs and collect the rent.
• Other tenants in your building have rights too, and you must
respect them. You should not disturb them by being too noisy
or cluttering up common areas such as halls.

Your landlord also has responsibilities when he rents you a place to

live. Whether your lease says so or not, your landlord must make sure
that your rental space is safe and livable:

• Heat must be supplied to your apartment from the beginning of

October to the end of May if the outside temperature is below
55 degrees Fahrenheit.
• The landlord’s right to enter the premises requires your
permission. Without your permission the landlord is trespassing
unless there is an emergency he needs to address inside, such
as a fire, gas leak or flood.
• The landlord is responsible for putting a smoke detector in any
area where someone sleeps.

If you live in an apartment building with three or more apartments your

landlord has special responsibilities in making your apartment a safe
and comfortable place for you to live:

• If there is an elevator, your landlord must put a mirror inside so

you can see if anyone is already in it.
• In Suffolk County, the landlord must offer a lease in a buildings
with 3 or more apartments.
• In most buildings, unless there is a door person, all doors to
enter the building must close and lock automatically.
Default on rent payments

It's your responsibility to pay your rent on time. Your landlord can evict
you for not paying your rent. If you are short of money and can't pay
your rent there's a couple of things that you can try.

First, talk to your landlord. Let him know when you will have the rent
money. Try to work out an agreement with your landlord and get it in
writing. The landlord doesn't have to use the security that you pay to
cover one month's rent. This security is to protect the landlord in case
there is damage to the apartment or common areas. So, if the landlord
agrees to let you use the security to cover a month's rent, make sure
this agreement is in writing and signed by the landlord.

If you can't pay the rent, you may qualify for emergency help from the
Department of Social Services (DSS). You must prove to the agency
that you will be able to pay the ongoing rent after DSS helps with the
back rent. If you are denied help from DSS, save the papers that say so
and request a fair hearing (516 739-4868).

You may be able to get help for one month's rent from other agencies
or even agencies that get federal money (called FEMA) that is put aside
to help people in your situation. Call Law Services for advice and
information.

Repair and Deduct

It is your right as a tenant to have a livable, safe and sanitary

apartment. If you need repairs tell your landlord and ask when the
repairs will be done (if it's an emergency, notify your landlord
immediately!). If the landlord doesn't keep his word or doesn't take care
of the repairs quickly, send the landlord a letter, asking him to make the
repairs. It is a good idea to mail this request A return receipt requested
and, of course, keep a copy of the request for your records. If your
landlord still refuses to fix the problem, you must decide if it is serious
enough to fight about. If it is, you should try and talk to a lawyer before
you take any of the next steps. Otherwise, you may pay to repair
something and not be entitled to have the money returned.

One action you can take is to make the repair yourself and take the
amount you spend out of the next month's rent. This is called repair and
deduct. It is a good idea to get written estimates before making repairs
and to write the landlord that you plan to make the repairs if he doesn’t.

When your landlord sees that you spent part of your rent on repairs, he
may try to evict you. The judge will decide in court whether it was okay
for you to repair and deduct.

In emergencies, you may make necessary repairs and deduct the repair
costs from the rent. For example, if your landlord has been notified that
your door lock is broken and doesn't repair it, you may hire a locksmith
and deduct the cost from the rent. It is very important to save all
receipts for the repair.

Another way to get your landlord to make repairs is not to pay the rent
until he fixes the problem. This is called rent withholding.

Rent withholding is a serious step to take. You should only withhold the
rent if there are bad health or safety problems in your home. Talk to a
lawyer before you withhold your rent. Your landlord may try to evict you
for not paying your rent if you withhold rent.

Before you withhold rent, or repair and deduct, make sure that you have
written your landlord about the problem and given him a chance to fix it.
Contact the Town’s Building Inspector (also called a Code Enforcement
Inspector), the Fire Marshall or the County’s Department of Health (for
things like no heat, cesspool backup, and lead paint issues) to look at
the problem.

Remember, your landlord may try to evict you if you withhold your rent.
You must be prepared to go to court and prove that your home has
serious problems and your landlord won't fix them. You must take the
right steps to protect yourself. Follow these steps carefully:

1. Talk to a lawyer to see if the problem is serious enough to

withhold rent. Find out if you have done everything you need to,
such as writing letters to the landlord telling him about the
problem.
2. Write a letter to the landlord saying that you are going to
withhold the rent and why. Keep a copy of the letter.
3. Do not spend the rent money. A lawyer (if you have one) can
put the money in a special bank account called an escrow
account. If you do not have a lawyer, get a money order or
bank check for the amount of the rent. Send a copy of it to the
landlord to show that you have the rent, but are not going to
give it to him until the repairs are made. But, DO NOT SPEND
THE RENT MONEY. Take photographs of the problems that
can be photographed.
4. Your landlord may make the repairs if you withhold the rent. Or
he may take you to court to try to evict you for not paying the
rent.
5. If your landlord takes you to court be ready to show the judge
that:
-There is a serious health or safety problem in your home
-You let the landlord know about it, but he did not make the
repairs.
-You have the rent money
6. Bring to court copies of the letters to your landlord, inspector's
reports, pictures, witnesses to prove your side of the story and
the rent money.

The judge will decide if the problem was serious enough to withhold the
rent. The judge may say that you do not owe all the rent money
because your home had serious problems.

Illegal Evictions

Your landlord must follow certain steps if he wants you to move. He

cannot just throw you out anytime he wants. The steps your landlord
has to take if he wants you to move depends on two things: (1)whether
or not you have a written lease and (2) whether or not you have paid
your rent. But, you can't be evicted unless the landlord takes you to
court and wins. A letter from a landlord or landlord's attorney is NOT
enough to evict you.

Some ways of making you move are never legal. It is illegal for your
landlord to lock you out, shut off your heat/water, take the doors off your
apartment or remove your possessions without a court order. Call the
police and your local Law Services office as soon as you can if any of
these things happen. If the police say they can't do anything, mention
the Suffolk County Police directive Order #88-19. Call Law Services for
a copy. Only the sheriff can move your things out, if he has a court
order and has served you with a 72-hr notice.

If your landlord turns off your utilities, you can also call the Suffolk
County Department of Health Services at 854-0400 to ask for them to
step in.

If your landlord evicts you illegally, you can sue for three times the
damages you suffer. This can be done in Small Claims Court if the
amount is less than $3,000 and you are not looking to move back in.
(Call NYPIRG for more information see p. 5). Even though you may be
in the middle of a crisis situation, it is very important to keep proof of
your damages; such as, pictures of damaged property, receipts for
additional expenses incurred, witnesses, police or health department
reports, etc.

If you've been illegally evicted and you need help relocating, you should
call DSS to arrange for emergency housing and storage. Sometimes,
you won’t be able to find any other housing available and want to move
back into the home you were just in. If you want to move back in, it is
important to contact us at Nassau Suffolk Law Services to see if we can
help.

Retaliatory Eviction

Landlords cannot harass tenants who exercise their rights. Sometimes,

landlords will retaliate against you by trying to evict you because you
have complained to authorities about conditions in your home or
because you joined a tenants association. This is called retaliatory
eviction and it's against the law. Retaliatory eviction can be hard to
prove. Be sure to get legal help if you think your landlord is evicting you
because you've complained to authorities or joined a tenants'
association. Be sure to keep a copy of the report from the Code
Enforcement Agency where you filed your complaint. Finally, you can
not defend yourself in court by claiming retaliatory eviction if the
landlord is taking you to court for not paying your rent.

When the Landlord Takes you to Court

Your landlord has to let you know he is taking you to court by sending
you legal papers. The legal papers you will get are called a Notice of
Petition and a Petition. Your name and the landlord's name will be at
the top of the page in a box.

The Notice of Petition will tell you what court to go to and when to go.
The Petition will say why your landlord is telling the judge to make you
move. It is important to talk to a lawyer when you get these legal
papers.

If You Can’t Get a Lawyer

A lawyer will be very helpful in court. Call Law Services as soon as you
received court papers and we will try to help if you’re eligible and we
have an available attorney.

But you may not be able to get a lawyer to represent you. Go to court
on the day you are supposed to, even if you don't have a lawyer. Never
ignore court papers. If you do, the judge will likely decide against you
and grant the landlord a court order to evict you.

Get to court on time and dress neatly. Ask the Court Clerk any
questions you have about what to do. When it's your turn, tell your side
of the story clearly and calmly. Take your time and think before you
speak.

Be prepared. Be ready to tell the judge why you shouldn't have to

move. Bring cancelled checks or rent receipts to show that you paid the
rent. Bring witnesses to prove that you didn't break a rule in your lease.
Bring pictures that show any serious problems with the premises. If
your apartment had serious problems, you may be able to get the judge
to decide that you should have money taken off the rent. Bring copies of
any letters you may have written to the landlord asking him to make
repairs.

Even if you agree that you didn't pay the rent or that what the landlord
says is right, you should still go to court. You can seek an adjournment
(a delay in the proceeding) and if it’s the first time on, it will very likely
be granted. Or, tell the judge how long you will need to move and ask
for more time (if you need it). Judges will often give you extra time to
move, especially if you have kids.

At the end of the court case, the judge will tell you when and if you have
to move and how much rent you owe.

If you do not move by the day the judge says, the landlord will ask the
judge to sign a paper called a Warrant of Eviction. The landlord then
gives the warrant to the Sheriff. The Sheriff will eventually try to serve
you a 72-hour notice and warrant of eviction personally, but if you are
not home, the sheriff will leave it with another responsible person who
lives in your household, OR will leave it on your door, window, or in
your mailbox and mail it as well. The sheriff will return at some point
after the end of the third day to remove you and your belongings from
the premises. Keep in mind that the day you were served doesn’t count
toward the three days, and neither do weekend days.

If you have not been able to find other housing by the time you receive
the 72-hour notice, you may be eligible for emergency housing and
storage assistance from DSS.

This entire legal process will take several weeks before the sheriff is
actually knocking at the door. This doesn’t mean, however, that you
shouldn’t immediately start searching for other housing once an eviction
seems likely

Lease and Tenant At Will Question

Category: Other

Page Bottom ↓

Get email updates about this conversation

9
10
3/27/2009 Sarah "Bull in a china shop" D. says:

My lease ends April 30th and it states that it becomes tenant-at-will immediately
after that. Today my landlord sent me a notice to leave by April 30th. However I
thought that she would need to give me notice 30 days after the tenant-at-will
started.

The landlord definitely isn't someone that respects tenants that much to begin
with since she wrote into the lease that she could live with us for the first month
we were here. That was hell since she's extremely selfish, doesn't respect other
people's property and is generally pretty annoying.

Any help would be really appreciated!

Elite '10
426
506
3/27/2009 Roni "+ Shabu = LOV" E. says:

Why would your landlord live with you in the first month? That's just weird...
If your lease ends April 30th, then she has the right to ask you to leave since
that is when your lease is over, doesn't matter if the tenancy-at-will has started
or not since that is the end of lease date. She is required to give you 30 days
notice which is probably why she's telling you this now. But my question to you
is, why is she asking you to leave? You have the right to fight back if she
doesn't have a legit reason as to why she wants you to move out.

I'd begin apartment hunting now... just an FYI... it's such a headache to deal
with tenant rights in a court of law, but that just means you may have the ability
to drag this out for another year... =D

The last place I was at was tenancy-at-will from the very beginning and we had
a creep of a neighbor downstairs whom we needed to get evicted because of
the living situation and he fought off moving for over a year. And we had to deal
with him and his psychotic-ness for that duration of the time.

Thankfully I'm in a better living situation now and my 1 year lease is now up as
well and am now considered tenant at will as of April 1st.

Elite '10
114
179
3/27/2009 Celeste "drama llama" C. says:

I *think* that the landlord has complete right to stop the lease at its expiration
date. If she had given you less than 30 days notice, then maybe that would be
a little fishy, but she's given you enough time.

What usually happens is that both sides are fine with the arrangement during
the lease and let it go past the date, and it becomes a tenant-at-will. That's
what happened to me, and I'm technically month to month and could leave with
30 days notice. I haven't heard of the people being asked to leave when the
lease expires but it seems legit to me.

And if your landlady sucks, it sounds like it's a good thing for you to move
anyway.

Elite '10
114
179
3/27/2009 Celeste "drama llama" C. says:

I didn't notice that she was living with you the first month. I just thought she
was a regular pain in the ass - not a crazy one. Good riddance.

Elite '10
426
506
3/27/2009 Roni "+ Shabu = LOV" E. says:

A Tenant-at-Will is one who occupies a rented premises without a lease

but pays rent periodically (typically monthly). The agreement for the
Tenancy-at-Will may be either written or verbal. Either the landlord or
tenant may terminate this arrangement by giving written notice 30 days or
one full rental period in advance, whichever is longer. No reason is
required to terminate. If rent is paid the first of each month, notice
should be given prior to the first day of the month. However, either the
landlord or the tenant may be able to give notice as late as the first
day of the month itself. For extra protection send the notice both by
certified mail, return receipt-requested, and by regular mail.

Termination vs. Eviction: Termination is different from eviction.

Termination is the ending of your rental agreement or lease. Either the
landlord or tenant can initiate the termination of the tenancy. Eviction
is the forced removal of a tenant from an apartment after termination.
Eviction can only be ordered by a judge. The landlord cannot lock you out
or throw you out of your apartment. (See section on Eviction)

So... technically it's the termination of your lease at the end of April... so
therefore she could just end it... based on this site: http://www.lectlaw.com...

9
10
3/27/2009 Sarah "Bull in a china shop" D. says:

Here's the clause from the lease, in case that helps:

Commencing May 1 st, 2009, this lease shall automatically become a month-to-
month lease. TENANT
shall provide written notice of same is given to LANDLORD at least thirty (30)
days before the end of
the initial term. The terms and conditions of the lease will remain the same. In
the event of
termination, the parties agree to provide each other with at least thirty days
notice of their intent to
terminate this agreement and or of any proposed modification of terms.

Elite '10
426
506
3/27/2009 Roni "+ Shabu = LOV" E. says:

Your landlord is covering her ass saying she notified you 30 days before your
lease expired that you must vacate your apartment when your lease is up. She
has the right to terminate your lease since it goes to month-to-month on April
30th. Basically she's just doing this ahead of time. She doesn't have to wait until
you reach your month-to-month to start before notifying you since your lease
ends on that date.

Elite '10
114
179
3/27/2009 Celeste "drama llama" C. says:
The lease only becomes a month-to-month lease if it lasts past April 30th. It
isn't going to last that long since she's told you it will end on its expiration date.
You don't automatically get month-to-month at the end, it's usually just tacked
onto leases so that people can be lazy and not have to write a new lease every
year - if the landlord wants to continue the arrangement. (But she doesn't)

But even if it already was month-to-month, she could end it with 30 days notice.
And she's given you 30 days. I would just assume it's done.