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Landlord/Tenant

An owner of real property is permitted to rent it upon almost any terms as the parties agree to, or the owner may refuse to rent it for any reason, provided that the owner may not refuse to rent for certain reasons that amount to discrimination.

Rent

The Landlord may resort to summary proceedings to remove a non-paying tenant from possession of the premises.

Usually, an owner may enter rented premises to inspect, make repairs, supply services, and show the property to prospective purchasers, if the contact provides.

The owner may enter at reasonable times, and may need to give notice if the contract provides. However, if there is an emergency or if the tenant abandons the premises, the landlord may enter the premises at will.

Leases
Except as provided by law, both parties are bound by the terms of their agreement. A lease does not have to be in writing. However, if it is for a term of more than one year, it must be.

Furthermore, although a lease for less than one year does not have to be in writing, it is strongly recommended to do so to prevent litigation when problems arise.

Oral promises by either side are not necessarily enforcable so they should be included in the lease. All leases should be signed in duplicate with each page and any changes being initialed by both parties. The owner and tenant should each receive a signed copy.

Security
A security deposit with interest remains the property of the tenant, with the landlord holding the money in trust, or as is otherwise provided in the parties agreement. As trustee, the landlord may not commingle these funds with his personal money. If the owner transfers the property, the security deposit may also be deposited.

Termination of Tenancy
A tenancy will terminate at the end of the period in the agreement, without any notices being sent from or to either party. Leases may contain provisions to terminate the lease sooner than the date fixed for the expiration of the term. Further, either party may terminate the tenancy sooner through summary proceedings.

Due to the length of most commercial leases it is advisable to have your lease thoroughly reviewed by your attorney before it is signed. In this way, you can avoid hidden problems later on.

 



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This website provides general information. Due to complexities and constant changes in the law, exceptions to general principles of law, and variations of state laws, seek professional legal advice before acting on any matter!

Some of the information on this website only pertains to certain states. Accordingly seek professional legal advice before acting on any matter.