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Section 33.
1
The Rental Agreement
Section
33.1 The Rental
Renting
a
Place
Agreement
Chapter
33
to Live
Section 33.1
Section 33.2
Responsibilities of Landlord and Tenant
Understanding Business and Personal Law
Renting a Place to Live
Section 33.1 The Rental Agreement

What Youll Learn
How to define the main types of tenancies
available to persons who rent real
property (p. 712)
How to describe some of the common
covenants found in a lease (p. 714)

What Youll Learn
How to summarize rent control laws
(p. 718)

Why Its Important
Knowing all you can about rental
agreements and the types of tenancies will
help you choose a place to live and know
how to address disputes that may arise.

Legal Terms
lessee (p. 712)
lessor (p. 712)
tenancy (p. 712)
tenancy for years (p. 713)
periodic tenancy (p.713)

Legal Terms
rent day (p. 713)
tenancy at will (p. 714)
tenancy at sufferance (p. 714)
lease (p. 714)
sublease (p. 716)
Section Outline
Tenancy
Types of Tenancies
Tenancy for Years
Periodic Tenancy
Tenancy at Will
Tenancy at Sufferance
Section Outline
The Lease Agreement
Terms in a Lease
Rent Control
Pre-Learning Question
What is a tenant?
Tenancy
If you rent real property, such as an
apartment or house, you are a
tenant.
If you own real property and rent it
to someone else, you are a
landlord.
Tenancy
The contract between a tenant and a
landlord is called a lease.
In a lease, the tenant is known as the
lessee, and the landlord is the lessor.
33.1 33.1
Section
What to Look for

in Selecting an Apartment
Location
Near school, work
Near church, mosque,
synagogue
Near shopping
Near public
transportation
Near recreation: parks,
museums
33.1 33.1
Section
What to Look for

Finances
Amount of monthly rent
Amount of security
deposit
Cost of utilities
Length of lease
33.1 33.1
Section
What to Look for

Building
Condition of building and
grounds
Parking facilities
Recreation on premises
Security system
Condition of hallways,
stairs, and elevators
Access to mailboxes
33.1 33.1
Section
What to Look for

Layout and Facilities
Size and condition of unit

Type and controls of heating
and cooling systems
Plumbing and water
pressure
Type and condition of
appliances
Condition of doors, locks,
windows, closets, and floors
What is a tenancy?
Types of Tenancies
Although they rent from someone
else, tenants own an interest in the
real estate they lease, called a
leasehold estate or tenancy.
Types of Tenancies
The types of tenancies are
tenancy for years
periodic tenancy
tenancy at will
tenancy at sufferance
Tenancy for Years

A tenancy for years is the right to
occupy property for a definite or fixed
period of time.
It may be for one week or 99 years, as
long as the time period is definite.
Periodic Tenancy
A periodic tenancy, also called a
tenancy from year to year (or month to
month, or week to week), is a tenancy
that continues for successive fixed
periods.
Periodic Tenancy
One of the parties may terminate this
tenancy by giving advance notice to
the other party.
Periodic Tenancy
The notice requirement differs from
state to state, but it is often the period
between rent days.
The rent day is the day on which the
rent is due.
Tenancy at Will
A tenancy at will is an interest in real
property that continues for an
indefinite period of time.
No written agreement is required to
create this tenancy.
Tenancy at Will
It is terminated when either the
landlord or the tenant gives the notice
required by state laws, which is
usually 30 days.
A tenancy at sufferance arises when
a tenant doesnt leave the premises
after his or her tenancy has expired.
This situation often occurs when a
tenancy for years expires or when a
tenancy at will has been properly
terminated by the landlord but the
tenant remains in possession.
Jill Stunzi signed a lease to rent an

apartment for six months. What type
of tenancy has she agreed to?
ANSWER
Tenancy for years.
Jamal Youngston has an oral

agreement with Mary ODonnell to
rent her basement apartment until he
graduates from college. What type of
tenancy has he agreed to?
ANSWER
Tenancy at will.
Marcus Kennedy is a contract painter

and often works for weeks on end
away from home. During these times
he often rents a hotel room from week
to week. What type of tenancy is he
agreeing to?
ANSWER
Periodic tenancy.
What is a lease agreement?
The Lease Agreement

A written agreement between a lessor
and a lessee is called a lease. The
lease creates the landlord-tenant
relationship. It provides the tenant with
exclusive possession and control of
the real property of the landlord.
Terms in a Lease
The terms of a lease, known as
covenants, set forth the rights and
duties of the landlord and tenant.
Terms in a Lease
Common terms, or covenants, found
in a lease include
security deposit
decoration and repairs
assignment and subletting
option to renew or to purchase
Security Deposit
Landlords often require you to pay a
security deposit and the last months
rent at the beginning of a tenancy in
order to secure the payment of rent or
repairs for damages to the property.
Decoration and Repairs

The landlord has no obligation to
decorate the premises, unless the
lease says so or it is required by
statute or local ordinance.
Decoration and Repairs

However, the landlord must make any
repairs necessary to keep the
premises fit for living. This includes
repairs such as fixing a leaky roof or a
broken furnace.
Assignment and Subletting

An assignment of a lease occurs
when you transfer the remaining
period of time in a lease to someone
else.

A sublease occurs when you transfer
part of the term of lease, but not the
remainder of it, to someone else.

If a landlord doesnt want a tenant to
assign or sublet the property, a
covenant in the lease must say that.
Otherwise, a tenant may either assign
or sublet the property to someone
else.
Option to Renew or to Purchase

The option to renew the lease gives
renters the right to a new lease, under
the same terms, for an additional
period.
Option to Renew or to Purchase

The option to purchase the property is
an agreement by the lessor to sell the
property to the lessee for a stated
price.
What is rent control?
Rent Control
Some large communities have passed
rent control laws to keep rent within an
affordable range.
Rent Control
These laws limit what landlords can
charge for rental property and also
often contain procedures that must be
followed before tenants can be
evicted.

Section 33.1 Assessment
Reviewing What You Learned

1. What is the difference between a
tenancy for years, a periodic
tenancy, and a tenancy at will?


Answer
A tenancy for years is for a fixed time
period. A periodic tenancy continues for
successive periods until one of the parities
ends it by giving proper notice.


Answer
A tenancy at will is for an indefinite time
period and is often an oral agreement.


2. Name the common covenants found
in a lease.


Answer
Security deposit, decoration and repairs,
assignment and subletting, and option to
renew or to purchase.


3. Explain rent control laws.


Answer
Rent control laws exist to keep rents within
an affordable range. The laws limit the
amount of rent the landlords may charge
for rental property.


Answer
They often contain procedures that must
be followed before tenants can be evicted.

Critical Thinking Activity

Leasing Terms
Imagine you are ready to rent a place to
live. Make a list of covenants you would
want in your lease, and explain why you
would want these covenants.

Critical Thinking Activity Answer

Leasing Terms
Answers will vary but should reflect an
understanding of the term covenant.

Legal Skills in Action
Maintaining the Premises

The grounds surrounding the apartment
complex where you live are full of trash.
The grass hasnt been mowed for weeks,
and it looks pretty shabby.

Legal Skills in Action

Youve mentioned the problem to the
landlord, but no action has been taken.
Write a petition to circulate among the
tenants to ask the landlord to hold a
meeting to discuss the difficulty.

Legal Skills in Action Answer

Petitions will vary, but should include the
duties of the landlord in regards to the
grounds of the property.
End of Section 33.1


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Section 33.

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

What to Look for

Renting a Place to Live

What to Look for

Understanding Business and Personal Law

Renting a Place to Live

What to Look for

Renting a Place to Live

What to Look for

Size and condition of unit

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Tenancy for Years

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Understanding Business and Personal Law

Renting a Place to Live

Section 33.1 The Rental Agreement

Renting a Place to Live

Section 33.1 The Rental Agreement