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In addition to
the basics of a rental (who, what, when, how much), an apartment
rental may go into much more detail on these and other issues.
Who: is the renter living alone, with family, children,
room-mate, visitors? An apartment rental may delineate the
rights and obligations of each of these. For example, a
sublet; to a stranger might not be permitted without
permission of the landlord. 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: the rental apt 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 rental apt,
for comparison with the condition at the time the rental apartment are
surrendered.
When: the term of the apartment 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 apt 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 rental apartment, 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. The security deposit is often handled as
an escrow deposit, owned by the tenant, but held by the landlord
until the rental apartment 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).
This article is licensed under
the
GNU Free Documentation License. It uses material from the
Wikipedia article "Rental Agreement". |