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Residential Lease Agreement Related Questions

A residential lease is a rental agreement between a landlord and a tenant that details the rules, regulations, and terms of the living arrangement. The lease agreement usually specifies the time frame for the lease by spelling out the beginning and end dates. Many residential leases are one year leases but the length of time can vary.

Listed below are a few questions answered by real estate lawyers on residential leases.

Is there any difference in a residential lease agreement if a corporation decides to sign the lease?

The lease form used can be the same but you may need to list the persons who will occupy the residential property.

In Los Angeles, if a landlord/owner dies, can his/her estate terminate a residential lease prior to the end of the lease term?

The death will not terminate the lease unless the lease specifically provides for a termination in case of death. In fact the property passes subject to the lease and can only be terminated once the lease expires.

In Florida, can a landlord terminate a residential lease before it ends?

Should a landlord terminate a lease before the termination date and when the tenant is not in default, the landlord would be at fault. The tenant would be entitled to a return of the full deposit as well as damages. This would include the cost of temporary living accommodations and moving expenses. If the tenant chooses not to leave, the landlord would not be able to evict the tenant without a court-ordered eviction. It’s also very unlikely the court will grant this eviction to the landlord. So, if the landlord is keen to terminate the lease early, the tenant would have to agree to leave and move out.

Despite stating in a residential lease that the maintenance of the lawn and the landscaping is the tenant’s responsibility, he allowed bushes and flowering plants to die from lack of water. What legal action can the landlord take now against him?

The residential lease agreement will dictate how the landlord should proceed in a case like this. If the tenant is responsible for damage that will require expensive replacements and/or repairs, the landlord should be able to either ask the tenant for additional funds to pay for the damage or use the security deposit to pay for the repairs. Beside this, if necessary, the landlord may also use this incident as grounds for breaking the lease by stating that the tenant breached the contract.

In Florida, is a five-year residential lease legal? If the tenant were to terminate the lease before five years, can the landlord force him to pay for the remaining lease agreement?

A five-year residential lease is legal in Florida. If the tenant broke the lease before the termination date, he/she would be liable for the rent for the rest of the lease. However, this is subject to the landlord's duty to mitigate the tenant’s damages. This means that once the tenant has told the landlord about the termination, the landlord must make a good faith effort to find another tenant. Should another tenant be found, or if the landlord does not make a good faith effort, the tenant should no longer be liable for the remainder of the lease.

A residential lease becomes valid when both parties, i.e. the tenant and the landlord, or an agent who represents the landlord, sign the agreement. This lease will also inform the tenant about the details of the security deposit required. The deposit is usually taken by the landlord to pay for any damages that could occur during the tenant’s stay. In the event that the tenant decides to vacate the property before the lease expires, the deposit is usually forfeited by him/her, unless he/she comes to a new agreement with the landlord.

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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10 Real Estate Lawyers are Online Now

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    Ask follow up questions if you need to.
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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 Residential Lease Questions

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    If a home is titled in the name of a revocable trust, is it in or out of the estate of the grantor? So, for example, if the grantor became subject to a judgment 25 years after the home was put into the trust, would the trust be vulnerable to the judgment creditor such that the home could be executed on?
  • patio cover was installed 30 years ago by a contractor in my

    patio cover was installed 30 years ago by a contractor in my rental property without permit. all theses I was out of state. now I am selling the house ifound that there is no permit. meanwhile 10 yeargo property was transferred my county to a new city.
    I signed the sale comract. I declared in the property disclosure the fact I did not have it. what happens to sale??
  • A now x husband and I acquired property as teneants by entireties.

    A now x husband and I acquired property as teneants by entireties. We sold the property Contract for Deed in 2010. We went our separate ways in '11, he presented me w/a handwritten note in 2012 to take an early buy-out under the Contract w/the buyer for his said half of the property, w/the remaining balance to stay in Contract w/me. He wrote 2/11/2012 he had no more claims to the property or money owed me, it would not interrupt the pmts owed me of a balance he and the buyer determined from an amortization schedule. Only he, the x signed the handwritten piece of ppr and had it notarized. I was not aware of this transaction until it was personally handed to me by him. We had lived in a Common Law Marriage State yrs prior to the property purchase. One atty told me he could do what he did, so I simply took the pmts. I could not cash one of the pmts for 12 days in Aug., at which time I also discovered the taxes had not been pd since '11, one piece of the property had been sold in a tax lien. I straightened everything out monetarily, then consulted an atty. The x didn't ever take his name off the property, so I didn't ever receive notice of taxes due. This atty advised me to cash no more chks from the buyer, including the still not pd in full tax chks he sent me when I informed the buyer of delinquency. The atty I hired stated, "Let's get you divorced first, then we'll take care of the property." I gave the atty money upfront for both, he only proceeded in a divorce decree on a default, the property is now in my name, but he filed a formal Motion to Withdraw, however he did not return any funds and even tho' he filed his Motion to Withdraw the same day (it's dated) he recorded the divorce decree telling me we would wait until after the New Year to deal w/the property. I asked him outside the courthouse, "Should I cash the chks or continue to keep them?" He said, "Don't cash them..." Referencing if I were to do so, it would appear I am consenting to the Contract for Deed. So my questions: What I've read, the x couldn't sell his half (as he determined) because of teneants of entireties w/o my consent and signature, was what he and the buyer did illegal. And, the atty knowing he was withdrawing, the property now mine, yet still told me 'not' to cash the chks a rnd about way of telling me the Contract for Deed is void? His reason behind withdraw "...an obscure and little used court rule that allows someone to reactivate a case merely by mailing a petition to a Party's atty of record, and thereby eliminating the need to serve process... clever little trick to exploit a technicality... just some housekeeping to protect both of us." I didn't know I need protection.
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