Both Landlords and Tenants have rights and obligations with respect to occupancy of rental property, payment of the security and the rent. The specific list of rights and obligations are different depending upon whether the property is used as a home or used for a business. In either case, a lease agreement should include the identity of the tenant and the landlord, other occupants, the term and the amount of the rent, when the rent is due, late charges, subletting provisions, rules of use (i.e., hours of operation or whether pets are allowed), rights to inspect and re-enter, condemnation, and what happens in the event of fire or other damage. Residential landlords should review their leasing forms and practices with their attorney on a regular basis to ensure that the forms they are using are consistent with their goals and the law. Further, residential landlords should review their practices for the maintenance of data to satisfy that their leasing practices are consistent with laws prohibiting discrimination. Landlords also have obligations with respect to the handling of the security deposit and its refund. Penalties for violating these obligations can be costly. Tenants should review any situation where their peaceful enjoyment of the property is disrupted or where they are receiving threats from their landlord, or if confronted with excessive requests for security or denial of information regarding the security and its return and, of course, if faced with eviction.

A commercial lease should never be drafted or accepted without review by an attorney. Escalator clauses, pass through costs, common area charges, rights of mortgagees, rights of termination, personal guarantees, conditions of subletting, obligations for repair, obligations to pay rent if the property is damaged or destroyed, obligations for insuring are examples of subject areas that can make the difference between business success and personal bankruptcy.

Understanding the details and the complex statutory and contractual provisions is the job of legal counsel in representing individuals and businesses involved in renting and leasing.

This information should not be considered legal advice and is not intended as a substitute for consultation with an attorney