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.