Rental and Lease Agreements
When a tenant and landlord develop terms to rent or lease a property, the details of the terms may be formally described in a rental or lease contract. When these agreements are properly formulated, they may be legally binding. Should one of the parties fail to meet one or more stipulations within the contract, the other party may file a civil suit in order to compensate for the other’s failure to comply. Our Real Estate Law lawyers DelCo PA will help you draft your rental and lease agreements and hold your hand incase of a civil suit.
What is the Difference Between a Real Estate Lawyer and Real Estate Agent?
Real estate lawyers differ from real estate agents in a few aspects. A primary difference is that real estate lawyers are able to draft leases and rental agreements; whereas, real estate agents focus more on completing the legal documents.
What is the Difference Between Leases and Rentals?
Leases and rentals are slightly different from one another. In general, the term, “lease,” has annual connotations. Lease contracts usually require a 12 month commitment to make monthly payments. Rentals on the other hand, usually imply weekly or monthly commitments. In some states, after the end of the lease the agreement, the terms may automatically transfer to monthly unless a new lease is signed or the tenant vacates. Certain states may automatically renew the lease if the tenant does not vacate before the end of the term; whereas, other states may not accept payment after the end of the lease as grounds for automatic renewal.
Rental laws may also place boundaries on provisions. A provision simply being written in the lease does not inherently make it enforceable or legal. A landlord may provide themselves with authority to enter the rental property at any time of their choosing, however, this may not be enforceable.
A lease may be terminated early provided certain conditions are met. For example, if the condition of the property is uninhabitable, you may have a valid reason to exit the lease. Although, laws may vary depending on the state and the contract. You may be required to request, in writing, a list of repairs necessary to make the property livable. If the landlord refuses or fails to complete the appropriate repairs, you may be eligible to vacate 30 days after the notice.
If the condition of the apartment is not the issue, you may still be able to negotiate a deal with the landlord. Consider requesting a meeting with your landlord. Attempt to come to an arrangement you can both agree to. It can be lawful to alter the contract, provided both parties agree to the changes.
If neither of the above are an option and you must vacate the property, remove all of your belongings and leave the property in clean and orderly condition. The property should be in a condition prepared for another tenant to move in. If the property is left in the proper condition, you will no longer legally be considered to have possession of the property, and therefore, you may not be sued for unlawful detainer. The landlord is required by law to make reasonable effort to obtain a new tenant to recoup any rent loss associated with the exit.
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We have the track record and reputation that you can rely on, especially when it comes to Real Estate Law. Being a client of Hoegen & Associates, P.C. means that you can enjoy peace of mind knowing that we are on your side and will always help you with the highest quality representation and trustworthiness. Your best interests are our best interests.