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Home»Property Law»20 Frequently Asked Questions About Lease Agreements
Property Law

20 Frequently Asked Questions About Lease Agreements

shrwanswami@gmail.comBy shrwanswami@gmail.comSeptember 2, 2024Updated:January 13, 2025No Comments4 Mins Read
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What is a lease agreement?

A lease agreement is a legally binding contract between a landlord and a tenant that outlines the terms and conditions of renting a property.

What information should be included in a lease agreement?

Key details include the names of both parties, rental property address, lease term, rent amount, payment due dates, security deposit, maintenance responsibilities, and rules regarding pets, subletting, and guests.

What is the difference between a lease and a rental agreement?

A lease generally refers to a long-term contract, such as 1 year or more. A rental agreement is typically used for short-term rental periods, such as month-to-month. What if I break my lease early?

Signing a lease early may result in some penalties, like losing all of your security deposit or paying all the rent for the term of the lease. The landlord can even sue you.

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Do a landlord increase rent during a lease?

In general, rent can’t be raised during an introductory period of a fixed-term lease unless the agreement says otherwise. For month-to-month agreements, the landlord can raise rent with proper notice.

What is a security deposit, and how much is it?

A security deposit is an amount of money paid by the tenant at the beginning of tenancy to secure damages to the property. The amount varies but is often one month’s equivalent.

Can the landlord enter my rental property without permission?

A landlord is generally only allowed to enter the rental property with the tenant’s consent or reasonable notice, except in an emergency.

What are the rights of the tenant regarding maintenance and repairs?

The tenant is responsible for minor maintenance, while the landlord is responsible for major repairs. The lease should clearly outline specific responsibilities for both parties.

What happens if a tenant doesn’t pay rent on time?

If rent is late, the lease agreement may specify late fees and other penalties. If the rent remains unpaid, the landlord may take legal action to evict the tenant.

Can a signed lease be changed?

In general, any change to the lease requires the consent of both parties to be put in writing.

What happens if the landlord sells the property while the lease is still in effect?

The new owner is generally obligated to accept the terms of the existing lease agreement.

May I sublease the apartment or house?

Subletting is usually banned or restricted in the lease. If permitted, tenants typically must obtain the landlord’s consent before subletting.

What is eviction, and how does it occur?

Eviction is a process of law wherein the landlord ejects a tenant from the premises for failure to pay rent, breach of terms of the lease agreement, or violation of other stipulations of the rental contract.

What if the rental property suffers damage?

The tenant may be responsible for repairing or paying for damages above and beyond normal wear and tear. The landlord can apply the security deposit to repairs.

Can a tenant terminate a lease based on military service?

Yes, under the Servicemembers Civil Relief Act (SCRA), tenants are allowed to terminate their lease without penalty if they are activated for military duty.

What is rent control?

Rent control laws or regulations dictate the maximum a landlord can charge for rent and how much the rent can be increased over time.

What if my security deposit is not returned to me?

If the landlord fails to return the deposit in the time mandated by law, tenants may have the right to file a claim or take other legal action against the landlord.

Can the landlord demand renters’ insurance?

Yes, many landlords require tenants to have renters’ insurance to cover damages or losses in the rental property.

What is an automatic renewal clause in a lease?

This clause automatically renews the lease for a specified period unless either the landlord or tenant gives notice to terminate.

What is a guarantor or co-signer in a lease agreement?

A guarantor or co-signer is an individual who agrees to pay the rent or damages in case the tenant fails to meet their obligations under the lease.

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