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Rental Agreement Questions

Rental agreements are legal binding documents between a renter and a landlord. Usually, stipulations about the rental home are involved in the agreement such as rental amount, when the rent is due, scheduled inspections of the rental space, deposits and stipulations regarding the return of the deposit, and rules and requirements expected from the landlord. Below are just a few of the more commonly asked questions regarding rental agreements that have been answered by Experts.

Is it true that I have 3 days within signing a rental contract to back out?

The three day rule applies to any sale that was made by a door to door salesman. This rule has nothing to do with signing a lease or breaking a lease. Many people are under the impression that they have 72 hours to change their mind on any deal or contract. This couldn't be further from the truth. The only exception to this would be if the contract has specific allowances that state an amount of time a party has to back out.

I signed a one year rental agreement for an apartment with my domestic partner, who then decided to move out just 2.5 months into the lease. What are my rights in terms of collecting half of the rent?

Usually, if there is an agreement that two people will share the responsibility of rent together, they will each be responsible for their half of the rent for the time that is specified for the lease. In other words, if your domestic partner decided to leave after only 2 1/2 months, they are probably liable. You can either take the person to small claims court or have an attorney draw up a demand letter. Both options generally prove to be very effective in convincing the other person to do the right thing.

If I have a rental agreement with a roommate then we get together as a couple would this be a 'live-in' relationship if we still have the rental agreement?

The relationship between your roommate and yourself should have no bearing on the effectiveness of the rental agreement. Each party can enforce the rental agreement against the other if there is a breach in the agreement. If there are concerns about the agreement now that you are a couple, you can simply put in writing how the rental agreement will resume under a relationship status.

What happens to a long term rental agreement when the landlord dies?

Usually, the rental agreement would remain effective. Upon the landlord's death, his rights pass to a beneficiary which would include the right to collect rent. If the landlord had agreed to a specific date that the rental would end, the beneficiary would not be able to change that date. Once the time has expired, the beneficiary can decide if he/she wishes to continue the rental agreement.

If I don't have a rental agreement and have not paid rent, and was given a eviction notice of 45 days, can my father force me to leave any sooner?

A renter has 45 days after receiving an eviction notice. There is legally no way that the landlord (your dad) can remove you sooner than the 45 days. If he attempts to make you leave before the 45 days is up, you can show that you were given the 45 days and that it is your right to stay until that time has expired.

Rental agreements can be simple month to month agreements or more complex lease agreements. Regardless of what type of rental agreement a person has, they need to be aware of how a rental agreement works before locking into a binding agreement. If you have questions or doubts about rental agreements, you should ask an Expert about the best agreement for your individual situation.

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Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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