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Questions about Rental Agreement Laws

A rental agreement is a legal contract that is signed between the landlord and the tenant which covers all information related to a property rental by a tenant. It is an important document to have because if a problem arises between the two parties, it is the one legal document that can be referred to, in order to arrive at a solution.

Listed below are a few questions answered by lawyers on issues related to rental agreements.

Can a landlord amend a rental agreement to say that if the rent is delayed, the tenant will be given 15 days to leave the premises and the home will be put up for sale?

Without written consent from both parties, the rental agreement cannot be amended by either party once it has been signed.

How do I get a rental agreement for my timeshare in North Carolina?

You can use any residential lease agreement that is specific to North Carolina for a timeshare. You would need to include a copy of the timeshare association rules with the agreement and get the prospective tenant to acknowledge that he has received the document along with the lease.

A link to an example of a standard lease can be viewed at http://www.ilrg.com/forms/lease-res/us/nc

Can you help me find a blank rental agreement?

One way to get a blank rental agreement is to visit your local office supply store and ask for it there. Alternatively, you can go online, buy it, print it out, and fill it in or save it as a blank document and fill in the details when you are offline.

Pay for lease forms are available at http://www.ilrg.com/forms/lease-res/us/ny or you can use one for sale at http://www.uslegalforms.com/ny/NY-864-1LT.htm

Both the forms can be downloaded and filled in offline or printed out and filled in by hand.

I paid a deposit when I signed my rental agreement. Five days later, I changed my mind about moving in. I was told to sign a cancellation notice and informed that I would still be held liable to pay the rent. Is there a legal way I can get out of my lease although I didn't take possession of the apartment?

Based on the facts of your case, your landlord is allowed to hold you liable for the rent legally as per the rental agreement. By not receiving the rent, the landlord will be "damaged" and is legally entitled to receive compensation from you for the damages.

However, the landlord also has a duty to attempt to mitigate the damages. This would mean that in the event that you signed a 6 month lease, the landlord has to make an attempt to lease to another party and not expect you to simply pay the rent instead.

I live in Virginia and created my own rental agreement from a CD. Do I need to have it reviewed by an attorney?

Residential leases are fairly standard but it is always best to have your agreement looked at by an attorney.

You can review your lease with a few examples of Virginia leases that are accessible at the links below.

http://www.homeproperties.com/pdfs/leases/lease_vir.pdf

http://www.ilrg.com/forms/lease-res/us/va

At the most basic level, rental agreements include the tenant’s name, the property address, and specific details of the agreement including rent amount, payment information, and details about the length of the contract. In addition, they could also list responsibilities of the tenant and mention any utilities or amenities that form a part of the property.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5379
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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9 Real Estate Lawyers are Online Now

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Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Rental Agreement Questions

  • Property address is marietta, ga., Cobb county I had a fence

    Property address is marietta, ga., Cobb county
    I had a fence installed on my property about 10 years ago. The property was subsequently rented for 8 years and I listed it sale in October., 2014. When the neighbor found out that the tenant was moving, he called and wanted to remove a section of the fence because he needed to make repairs to "his" retaining wall. I asked him not to remove it because I didn't understand what he needed to do. Since I live out of state, I asked my real estate agent to contact him to see if she could understand what he wanted. He told her the fence was on his property, she suggested that we get a survey, he ignored her and removed 30' of my fence, without my approval. I had to have the fence re-installed and the contractor charged me $590 to repair and reinstall it, in order to sell the property. I submitted the bill to the homeowner and he is refusing to pay saying the fence was on his property. Can I take him to court and collect this amout.
  • My landlord has been delinquent in fixing an ongoing issue

    My landlord has been delinquent in fixing an ongoing issue of squirrels living in our house. This is the 3rd time this problem has occurred because she doesn't actually hire someone to the job right. Now the squirrels are not only living in the attic, they are living in the ceiling between the 1st and 2nd floors as well. I notified her this squirrel issue has returned on 12/14/14 and she has yet to even have anyone scheduled to come out and take a look. What do I need to say to her to get this taken care of as I don't want to live in a fire hazard house with squirrels crawling around in spaces containing electrical wires. Also to note, my landlord is a divorce attorney.
  • In regards ***** ***** City roadway -- Right of Way (Geneva, NY)

    In regards ***** ***** City roadway -- Right of Way (Geneva, NY) there is a question of -- who actually owns a tree which is in a City "Right of Way." One side takes the position that the tree (47 inch diameter 100 years old) is owned by the property owner with the City having the right to undertake NEEDED MAINTENANCE and the City takes the position that since it is in their "right of way" that they / the City owns the tree.. I believe that the taxpayer owns the tree (and the land) of the Right of Way. My belief is that the City is obligated to contact and discuss maintenance and / or removal of the tree. Is there case law or statute to resolve this ? (These "characters" murdered my 100 year old tree without any contact with me.)
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