Many individuals reside in rental properties that require a residential lease. In order to be considered valid, certain requirements must exist. It is also important to understand the basic rights for both the landlord and the tenant(s). Finally, this paper will explore what legislation and civil rights laws have done in regards to the landlord-tenant relationship.
It is important to first understand the requirements that are needed in order to make a lease valid. These are capacity to contract, legal objective, offer and acceptance, and consideration (Galaty, Allaway, & Kyle, 2016, pp. 353). It is also important that the leased premises be clearly described, which is typically done through the physical address being present. Furthermore, certain conditions should be included in a lease such as: possession of premises, the use of the premises, their terms of the lease, security deposit, improvements, accessibility, the maintenance for the premises, destruction of the premises, assignment and subleasing conditions, recording of the lease, non-disturbance …show more content…
The most basic tenant right is they have the right to private, peaceful possession of a dwelling (Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS, 2015). While the landlord is required to rent a property that is livable. Both parties are able to have access to the lease. However, when it comes to eviction the landlord is able to obtain greater authority (Galaty, Allaway, & Kyle, 2016, pp. 359-360). A landlord may serve an eviction notice between five to ten days, depending on the state, once the tenant defaults on their rent or fails to do as they have agreed per their lease agreement. From the tenant’s side, if the landlord fails to maintain the property per the lease agreement they are allowed to pursue a lawsuit or abandon the property (Galaty, Allaway, & Kyle, 2016, pp.
It is important to first understand the requirements that are needed in order to make a lease valid. These are capacity to contract, legal objective, offer and acceptance, and consideration (Galaty, Allaway, & Kyle, 2016, pp. 353). It is also important that the leased premises be clearly described, which is typically done through the physical address being present. Furthermore, certain conditions should be included in a lease such as: possession of premises, the use of the premises, their terms of the lease, security deposit, improvements, accessibility, the maintenance for the premises, destruction of the premises, assignment and subleasing conditions, recording of the lease, non-disturbance …show more content…
The most basic tenant right is they have the right to private, peaceful possession of a dwelling (Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS, 2015). While the landlord is required to rent a property that is livable. Both parties are able to have access to the lease. However, when it comes to eviction the landlord is able to obtain greater authority (Galaty, Allaway, & Kyle, 2016, pp. 359-360). A landlord may serve an eviction notice between five to ten days, depending on the state, once the tenant defaults on their rent or fails to do as they have agreed per their lease agreement. From the tenant’s side, if the landlord fails to maintain the property per the lease agreement they are allowed to pursue a lawsuit or abandon the property (Galaty, Allaway, & Kyle, 2016, pp.