AMM110.0091
Prof. Blumberg
Short Assignment #3
Sannita Lam
September 29, 2005
Leases and Rental Agreement Facts for Foreigners
As a foreigner in the United States there are so many laws that we are not aware of. For
instance, many foreigners are not aware of the important things they should have know about
leases and rental agreements. This paper will give readers basic knowledge about leases and
rental agreements. The difference between a lease and a rental agreement, the importance to
sign a lease or rental agreement, when the landlord legally terminate a lease to end the tenancy,
and whether the roommate should sign an agreement will be discussed in this paper.
The difference between a lease and a rental agreement is in the period of occupancy. A
rental agreement provides for tenancy of a short period (often 30 days). The tenancy is
automatically renewed at the end of this period unless the tenant or landlord ends it by giving
written notice thirty days in advance. A rental agreement is a month-to-month typical rentals; the
landlord can change the terms of the agreement with proper written notice, subject to any rent
control laws. A lease, on the other hand, gives a tenant the right to occupy a rental unit for a set
of time – usually for six-months or twelve-months period. Unlike a rental agreement, when a lease
expires it does not automatically renew itself. With a fixed term lease, a landlord cannot raise the
rent or change other terms of the tenancy during the lease, unless the changes are specifically
provided for in the lease, or the tenant agrees.
The lease or rental agreement is the key document of the tenancy. It usually sets out
important issues such as:
o
The length of the tenancy
o
The amount of rent and deposits the tenants must pay
o
The number of people who can live on the premises
o
Who is responsible for paying the utilities.
o
Whether pets are allowed
o
Whether the tenants may sublet the property
o
The landlord’s access to the premises
o
Who pays the attorney’s fees if there is a lawsuit
Leases and rental agreements should always be in writing to prevent any disagreements that
often happen without oral agreements.
A landlord may legally terminate a lease if the tenant significantly violates its terms or the
law – for example, by paying the rent late, keeping a dog in violation of a no-pets clause in the
lease, substantially damaging the property or participating in illegal activities on or near the
premises. The landlord must send the tenant a notice stating that the tenancy has been
terminated. Depending on what the tenant has done wrong, the termination notice may state that
the tenancy is over and warn the tenant that he or she must vacate the premises or face an
eviction lawsuit. The notice may give the tenant a few days to comply with the signed agreement.
If the tenant does not comply with the termination notice, the landlord can file a lawsuit to evict
the tenant.
We tend to make lots of oral agreements with roommates about splitting rent, sharing
chores, and other things. The landlord is not bound by these agreements, and has no power to
enforce them. It is best to put the agreement in writing. Oral agreements between roommate are
too easily forgotten or misinterpreted after the fact. The written agreement covers some major
issues like:
o
Rent ( Who will write the rent check if the landlord will accept only one check. When the rent
is due
o
Space ( Who will occupy which bedrooms
o
Household chores ( who is responsible for cleaning
o
Food ( Will you be sharing food, shopping, cooking responsibilities. How will you split the
costs and work.
o
Noise ( When stereos should be turned off or down low.
o
Overnight guests ( Is it okay for boyfriends/girlfriends to stay over night.
o
Moving out ( if one of you decides to move, how long in advance the notice must be given.
Must the departing tenant find an acceptable substitute.
On some occasions, a dispute between tenant and landlord could happen. Sometimes
the dispute can be solved without involving a lawyer. However, if a dispute cannot be solved, you
might need a lawyer to represent you. Here is a suggestion where you can go to solve your
dispute with the landlord. Attorney Jeffrey Chisholm McAdams zealously represents clients both
in and out of court with sound legal advice and prudent judgment. The firm is proficient in four
languages: English, Spanish, French and German.
McAdams has represented tenants in thousands of landlord-tenant disputes, including
dispossess proceedings for nonpayment of rent and holdovers. In a holdover proceeding, the
landlord demands possession of your apartment and wants to evict you, regardless of whether or
not you have paid the rent. Nonpayment proceedings and holdover proceedings are very serious,
accelerated matters and often involve complex legal issues. If your landlord is trying to evict you,
McAdams can quickly join issues for you to help you stay in your apartment for as long as
possible.