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Questions Related to Residential Lease Agreement by Meghan Jones





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Questions Related to Residential Lease Agreement by
Article Posted: 06/26/2013
Article Views: 45
Articles Written: 575
Word Count: 756
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Questions Related to Residential Lease Agreement


 
Law
The agreement that outlines the terms and conditions of a lease for the purpose of residing in a rental unit in exchange for money, is called as a residential lease. This type of an agreement is legally binding and is made between a landlord and tenant. This agreement gives the tenant the right to use the property for a certain period of time wherein the date of commencement and the date of termination of the lease tenure are mentioned. Usually, the time period for a lease may vary but a lot of them have tenure of one year. Below are answers to few of the more common legal questions about this type of a lease contract:

What legal action can a landlord take against his tenant if the tenant has failed to water the plants and trim the bushes on the rental property premises due to which the flowering plants died and the bushes had outgrown? In the lease contract, it was clearly stated that the lawn and landscaping maintenance would be under the tenant’s responsibility.
Usually, what a landlord should do in a case like this is entirely based upon the terms and conditions of a rental agreement. According to the agreement in this particular case, if the tenant is supposed to look after the lawn and landscaping of the rental property and due to his negligence the property has suffered heavy damage for which the landlord would have to spend a lot of money for its repair and/or replacement, then in that case, the landlord has the full right to have the tenant pay for the damages or use his security money for repairing the same. Moreover, the landlord may consider this event as a violation of the contract’s terms and conditions and may charge the tenant for breaching the rental agreement.

Is it legal to have a five year lease in Florida? Is it legally possible for a landlord to make a tenant pay for the rest of the lease years, if the tenant decides to terminate the lease prior to the expiry of the five year period?
In Florida, a five year lease is considered legal. Thus, if a tenant terminates the lease or vacates the rental unit prior to the expiry of the rental period, then he or she becomes financially obligated to the landlord and therefore, is required to pay off the rent for the remaining lease period. However the landlord, on his part, should make efforts in reducing the tenant’s damage. Even though the tenant has decided to break the lease before its expiry, the landlord should act in good faith and not take undue advantage of the tenant’s helpless situation. He should start looking out for other tenants so that he does not have to keep collecting the rent amount from his current tenant. Thus, if the landlord is able to find another renter, he or she is not needed to pay the rent for the rest of the lease.

If the landlord or the owner of a rental property dies in Los Angeles, can a lease get terminated even if the lease has not expired?
Usually, if the landlord or the property owner passes away, then the lease would not be terminated solely because the owner of the property has died. It would only be possible if the rental agreement has particularly mentioned that the lease will expire with the death of the landlord. As a matter of fact, the property would pass on depending on the contract’s terms and conditions and therefore would only terminate when the lease would expire.

In order to make a lease valid, both the landlord and tenant have to sign the agreement. The tenant after signing the lease gets to know how much he has to pay as the security deposit to the landlord. The reason a landlord collects some amount of money as security deposit is that if the rental unit or property gets damaged during the tenant’s stay, the landlord would use that money to pay for that damage. In case, a tenant moves out before the completion of the lease tenure, then they usually do not get the deposit money back unless, both parties have signed a new rental agreement or a renewal contract. If you need any clarification about your particular situation on the subject, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.

Related Articles - residential lease agreement, residential lease, lease agreement residential, residential lease extension, standard residential lease agreement, reside,

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