ch49

West's Business Law with Online Research Guide, 9th Edition

Info iconThis preview shows pages 1–5. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: THE LEASE AGREEMENT Requisites of Lease: A lease agreement should: (1) be written (not required in some states, but always advisable); (2) express an intent to establish a landlord-tenant relationship; (3) provide for transfer of possession of the property to the tenant at the beginning of the lease; (4) provide for the reversion of possession of the property to the landlord at the end of the leases term; (5) describe the property; and (6) clearly indicate the length of the lease term , the amount of rent due, and how and when rent is to be paid. Ch. 49: Landlord-Tenant Relationships - No. 1 Wests Business Law (9th ed.) IMPERMISSIBLE LEASES Many state laws make it illegal for (1) a lease to require the tenant to pay the landlords attorneys fees; (2) a landlord to rent a structure that is in disrepair or not in compliance with building codes; (3) a landlord to lease for an illegal purpose; or (4) a landlord to refuse to lease for discriminatory reasons. Unconscionability: A lease containing one or more material, unconscionable terms may be void as a matter of law. Ch. 49: Landlord-Tenant Relationships - No. 2 Wests Business Law (9th ed.) LANDLORD-TENANT: POSSESSION The landlord is obligated to deliver possession of the leased property at the inception of the lease, during the term of which the tenant is entitled take and retain possession until the lease expires. Covenant of Quiet Enjoyment: The landlord is also obliged to ensure that no one claiming superior title disturbs the tenants possession and use of the property during the lease term. Eviction occurs when the landlord deprives the tenant of her use or possession of the leased property ( e.g. , by changing the locks on the tenants doors). Constructive eviction occurs when the landlord wrongfully performs or fails to perform an essential duty of the lease thereby making the tenants use and enjoyment of the property untenable ( e.g. , failing to provide heat, water, electricity). Retaliatory Eviction: Evicting a tenant for complaining to the appropriate authorities about the improper condition of leased premises or Ch. 49: Landlord-Tenant Relationships - No. 3 Wests Business Law (9th ed.) other violations of the lease terms by the landlord....
View Full Document

Page1 / 14

ch49 - THE LEASE AGREEMENT Requisites of Lease: A lease...

This preview shows document pages 1 - 5. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online