Landlord/Tenant – Agreements and Terms

Understanding your rights as a landlord or tenant can assist you in avoiding problems should you decide to rent instead of purchase your home. As with other areas of law, state law governing this area in each state will vary. Sometimes even cities have their own Rent Control laws, so it is imperative that you check with your local Plan Attorney before proceeding. If you have a serious landlord-tenant problem, it is advisable to seek help immediately from a lawyer.

  • Agreements:
    • If you are a landlord, you should have your lease agreement drafted by a lawyer and periodically reviewed.
      • This will protect you and your tenants from most unforeseen contingencies during the course of the lease term.
    • If you are a tenant, you should take your lease agreement to an attorney if you have any questions about any term in the agreement.
      • Even if the landlord makes a statement during negotiations, unless the statement is set forth in the agreement, it will be difficult to prove later, especially if the building changes managers or owners.
      • Make sure everything is in writing
  • Terms
    • Any agreement should set forth the terms by which the premises will be leased, such as a time period, and the monthly rental.
      • If there is no specifying term, most states will construe this to be a 30-day term
      • Either the tenant or landlord can terminate the lease by giving the other party thirty days written notice of termination
    • In major metropolitan areas, where a shortage of housing exists, Rent Control ordinances may apply which will not allow landlords to evict tenants, except for specified reasons.


Posted in: Landlord Tenant