This is not a substitute for legal advice.  An attorney must be consulted.

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What are the requirments for a Lease?

A lease is an agreement which creates the relationship of landlord and tenant. The landlord leases to the tenant exclusive possession of land or tenements for a period of time. The length of the lease may be for a determinate period of time or at will. The land subject to the lease is sometimes referred to as the “leasehold.” A lease should contain, at the minimum: the length of the lease, the amount of the rent, the payment periods, a clear identification of the parties to the lease including their addresses, a clear description of the property leased, the amount of any security deposit, and any other terms agreed upon by the parties. State law may require that other terms be included in the lease such as identifying the landlord and his/her agent able to receive notices, the time and manner of rent increases, and the method of termination. Leases or rental agreements, as a form of contract, imply a duty of good faith upon the parties to the agreement. In addition, a lease or rental agreement usually implies other terms, even if they are not specified. The lease usually implies a covenant of quiet enjoyment. This is a covenant given by a landlord to the tenant arising from the terms of the lease by law. The tenant is able to enjoy the possession of the premises in peace and without disturbance. Regardless of whether it is included in the lease, most states have held that the tenant has an implied right of quiet enjoyment of the premises. Another covenant usually implied in a lease is the warranty of habitability. The warranty of habitability means that the premises are suitable for habitation by people. The lease or rental agreement also implies that the landlord holds possession of the land or tenements and is able to lease or rent them.



Copyright © 1994 - 2019 by LAWCHEK, LTD.

This is not a substitute for legal advice. An attorney must be consulted.