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Landlords/Tenants
Leases, Rental Agreements
A lease or rental agreement is the most important document in
a landlord-tenant situation. It sets forth such issues as the
amount of rent, length of tenancy, deposit amount, pets, and access
to the rental property by the landlord. The main difference between
a lease and a rental agreement is that a rental agreement provides
for a short period of occupancy, while a lease is used for long-term
rental. Leases and rental agreements should always be in writing
to avoid disputes.
Commercial Lease
A Commercial Lease is a written agreement that allows a person
or company to use or occupy land for a certain amount of time.
A commercial lease is used for anything that has to do with a
business.
Five Day Notice
When a tenant (renter) does not pay the rent when it is due, a
landlord must give the tenant a Five Day Notice (also called a
Five Day Notice To Pay or Quit). This give the tenant a limited
time to pay the rent or vacate (leave) the property. A tenant
has the right to object to (oppose) the Five Day Notice. The tenant
can object by writing an Affidavit (a statement made under oath)
to the court explaining why he or she should not pay. If the tenant
files an affidavit, the landlord and the tenant must attend a
court hearing. At the hearing, each person tells his or her side
of the story. If the tenant does not oppose the Five Day Notice,
he or she has five days to move our or pay the rent.
30 Day Notice
Generally, a landlord uses a Thirty Day Notice when he or she
wants to evict a tenant (renter) even though the tenant is paying
rent. The landlord must give the tenant at least 30 days notice
that the landlord wants him or her off the property. For example,
if the landlord wants the tenant out of the property by the end
of June, the landlord must give the tenant a Thirty Day Notice
before the first of June (by May 31.)
Unlawful Detainer
When a tenant refuses to vacate (leave) the property, the landlord
can file an Unlawful Detainer action to kick the tenant out. A
judge will give the landlord the property back by court order.
Generally, the judge will also order the tenant to pay unpaid
rent and damages. Damages are any additional loss suffered by
the landlord.
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