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>Renting
Laws >Lease
>What is a lease?
What Is A Lease?
What
is a lease?
What
is a written lease?
What
is an oral lease?
What is a Lease?
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A
lease is a legal agreement (a contract) between a landlord and a
tenant that allows the tenant to use the landlord’s property for
a given period of time. The lease is the basis of the
landlord-tenant relationship. It sets the terms of renting, such
as the cost of rent, the utilities included or not included in
rent, the length of time of tenancy, and other rules governing the
tenancy.
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It
is possible to rent property withOUT a written lease. However, if
you have never signed a written lease with your landlord, then you
DO have an Oral Lease with her/him.
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If
you are renting in a place where the tenancy is from
month-to-month or week-to-week (instead of a longer term that
would be specified in the lease), there is often NO written lease.
Instead, tenancy is renewed every month or week (depending on the
case). If there is a lease, the time period of tenancy should be
stated.
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If
you do not follow the lease, you may be SUED for past
due rent, lost rent, damages, or any other noncompliance with the
lease.
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If
more than one tenant signs a lease, ALL of the names on the lease
are legally responsible for complying with the lease. This means
that if one person damages the apartment or does not pay rent, ALL
of the people on the lease are legally responsible for the problem
as well (see Sharing An Apartment and How
To Deal With Roommate Problems).
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Before
entering into a rental agreement (whether oral or written), make
sure you UNDERSTAND EVERYTHING you are promising. Plus, remember
that all parts of a lease are open to negotiation until the lease
is signed. AS SOON AS
THE LEASE IS SIGNED, IT IS ENFORCEABLE, EVEN IF THE TENANT NEVER
MOVES IN. Be sure to keep a copy of all parts of the lease (see Introductory
Advice)!
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The
landlord or tenant may not include any terms or conditions in the
rental agreement that are prohibited by the Landlord Tenant Act
or any other rule of law (see Not
Enforceable In A Lease).
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If
the landlord tries to modify a condition on the lease AFTER the
tenant and landlord sign the lease (and it is a substantial
modification from the original agreement), the change is not valid
unless the tenant consents in writing and is somehow compensated
for the change.
A
written lease puts all of the decisions and agreements made between
you and your landlord onto paper.
Most landlords already have a lease written up for their
apartments and they just ask you to sign it.
It is STONGLY ADVIZED that you follow the suggestions in Reading
Your Lease before signing anything! There are many things to look
for, change, add and exclude. Remember that a lease is negotiable up
until it is signed. You can ask to change anything on the lease that
you want. Make sure that you get a copy of all parts of your lease
after it is signed and as soon as possible. Keep it where you will not
lose it (see Introductory Advice). If you do not get a copy of
your lease and you have already made requests to the landlord for it,
then send a letter to the landlord asking for a copy of the lease. If
you still do not get one, then call Tenant Services for further
advice.
An
oral lease is a spoken agreement between landlord and tenant for the
terms of renting. If you have never signed a written lease with your
landlord, then you DO have an oral lease with her/him. Supposedly an
oral lease is just as binding as a written lease. While oral leases
may seem convenient at first, they are usually vague and easily
forgotten. If your landlord should forget, or choose to disregard,
her/his promises to you, it will be your word against hers/his in
court. For this reason, ORAL LEASES ARE GENERALLY NOT DESIRABLE. If
you are unable to get a written lease, protect yourself! Try to get
the landlord at least to write down the amount of rent, security
deposit and responsibility for repairs (be sure to SIGN and DATE it).
See Appendices for a Model Letter to
Confirm A Verbal Agreement. Even if you have an oral lease, you
may still need to give written notice if you want to End Your
Tenancy.
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