Sublease

Definitions: lease means a nonresidential lease or sublease and modifications, restriction on use covers limiting, mandating or prohibiting a use or a change in use, and landlord and tenant include sublandlords,…

The remedy of continuing the lease and recovering rent as it comes due after the lessee's breach and abandonment is available only if the lease provides for it, with a statutory form of clause, and only if the lease…

Where consent is subject to an express or implied reasonableness standard and the landlord unreasonably withholds it, the tenant has contract remedies including damages and the right to terminate the lease.

Text making it unlawful for a landlord, for the purpose of influencing a tenant to vacate, to engage in the listed conduct: theft or extortion under the cited Penal Code sections, force, willful threats or menacing…

The tenant's repair-and-deduct remedy, limited to one month's rent and available a limited number of times per year after reasonable notice. Advise a landlord on the condition of the property before advising on rent.

Text applying only to commercial leases: it is unlawful to require any payment, including key money or the lessor's attorney fees for preparing the lease, as a condition of initiating, continuing or renewing a lease…

A residential lease provision by which the tenant waives rights under sections 1950.5 or 1954, the right to sue the landlord, the right to notice or hearing, procedural rights in litigation, or the landlord's duty of…

The chapter on abandoned personal property applies only to commercial real property as defined in section 1954.26 (excluding self-storage), and defines landlord, owner, premises and reasonable belief.

Illegal use of the premises voids the lease as the section provides. A distinct ground from non-payment.

Definitions for Connecticut's landlord and tenant title: landlord includes the owner, lessor or sublessor of the dwelling unit, and the section defines action, building and housing codes, dwelling unit, owner, person,…

CONNECTICUT REGULATES SECURITY DEPOSITS CLOSELY. The section caps the deposit, requires it to be held in escrow at a financial institution, requires ANNUAL INTEREST at the rate it prescribes, and sets deadlines for…

Escrow requirements for advance rental payments and security deposits for residential units. A landlord who commingles the deposit is exposed; say in the lease where the deposit is held.

THE NOTICE TO QUIT is the first step in a Connecticut eviction and the section prescribes its grounds, FORM and delivery, including the statutory period before a summary process complaint may be served.

Where a written lease expressly waives notice to quit on termination by lapse of time, the notice prescribed by 47a-23 and 47a-23a is not required and complaint and summons may issue as if notice had been given.

What counts as nuisance for summary process purposes. Narrower than the colloquial sense; check it before pleading nuisance.

A lessee's holding over after the term is not evidence of an agreement for a further lease, and parol leases reserving a monthly rent with no agreed termination are construed as leases for one month only.

A lease or rental agreement provision by which a tenant WAIVES THE BENEFITS OF SECTIONS 47a-36 TO 47a-40, INCLUSIVE, or that limits a tenant's rights under those sections, is VOID against public policy.

A rental agreement extends automatically where neither party gives the required notice, generally on a month-to-month basis. Tell a landlord that silence renews the tenancy.

The landlord must give the tenant the official SUMMARY of the Code, and failure to do so has consequences the section states. This is a delivery obligation at the start of the tenancy;

The habitability and maintenance obligations a Delaware landlord owes. These cannot be drafted away; a lease that purports to shift them is writing an unenforceable clause.

Fair-housing provision of the Delaware Residential Landlord-Tenant Code: no owner or agent may refuse to rent, subrent, sublease, assign or cancel a rental agreement, or charge more rent, because of the protected…

The Code's treatment of landlord liens and distress for rent. Self-help remedies a landlord may believe they have are constrained here.

The landlord's core obligations under the rental agreement. The baseline a Delaware residential lease is written against.

The tenant's right to terminate at the beginning of the term in the circumstances the section describes. Relevant where a unit is not as promised.

The landlord must deliver possession at the start of the term. Read with section 5304 for the tenant's remedies if they cannot.

Limits how much notice a housing provider may require from a tenant vacating after the lease term ends. A landlord-side lease that demands 60 days may exceed what this section allows.

District of Columbia text: nothing in the notice-to-quit provisions prevents the parties to a lease from agreeing in writing to a longer or shorter notice than the chapter provides, or from waiving notice.

A tenant victim, or a minor victim's parent or guardian, of an intrafamily offense under § 16-1001(8) IS RELEASED FROM THE LEASE on giving the housing provider written notice plus either a § 16-1005 order or…

The statutory frame for District security deposits: deposits are collected under the Security Deposit Act and 14 DCMR 308 et seq., a housing provider may not withhold for ordinary wear and tear, and within 45 days after…

Writing requirements text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

Prescribes how a notice to quit is served, including personal delivery, delivery to a person of suitable age at the premises, and posting with mailing.

Covered transactions require a bona fide tenant opportunity to purchase; current section .02 also addresses appraisal and certification procedures and when tenant rights vest.

Florida text allowing a nonresidential tenant, where the lease places repair or maintenance on the landlord but is silent on procedure and the landlord's failure has rendered the premises wholly untenantable, to…

Security deposits and advance rent: check permitted custody, interest, disclosures and exceptions.

Landlord maintenance duties and statutory exclusions or permitted written modifications depend on the type of dwelling.

The landlord's remedies when a tenant breaches or leaves early, including the liquidated damages or early termination fee option the section permits IF the lease contains the required provision in the statutory form.

Florida text stating that a landlord's acceptance of the full past-due rent with knowledge of the tenant's nonpayment breach waives the right to proceed with an eviction for that rent, and that acceptance includes…

Florida text requiring the landlord or the landlord's attorney or agent seeking removal of a nonresidential tenant to file a complaint stating the authorizing facts and describing the premises in the proper court of the…

Florida text on service in a nonresidential removal action: after two attempts at least six hours apart, if the defendant cannot be found, the sheriff may serve by posting the summons on the premises, with the mailing…

Florida text stating that if the issues are found for the plaintiff judgment is entered for possession, and that where money damages were expressly sought the court also enters a money judgment within its jurisdictional…

Florida text providing that after judgment for the plaintiff the clerk issues a writ to the sheriff commanding that the plaintiff be put in possession.

Limits and conditions an award of attorney's fees in a Maryland landlord-tenant action. A one-sided fee-shifting clause in a Maryland lease should be checked against it.

Distinguishes the notice solicitation from a tenant offer, includes proof-of-mailing fields, and uses receipt for the tenant offer deadline. Read section 8-119(d) for the conditional trigger and matching sales price;

A covenant by the tenant to leave, restore, surrender or yield the leased premises in good repair does not obligate the tenant to make substantial repairs, replace obsolete materials or fix defects without the tenant's…

Maryland text preserving a tenant's right to remove fixtures the tenant erected when the tenant accepts a subsequent lease of the same premises without an intermediate surrender of possession.

The receipt for a security deposit must notify the tenant of the right to be present at a move-in and move-out inspection, the right to receive by first-class mail a written list of damages and the cost actually…

Requires the landlord of residential rental property to include specified provisions in a written lease, including the statement of the tenant's rights and the landlord's obligations, and provides for a penalty where…

Includes a certificate of mailing and separate choices to decline or make a binding offer. Its mailing-date instruction must be read with section 8-119(c)(4), which uses delivery by the landlord;

For an affected property built before 1978, the owner must satisfy the risk reduction standard at each change in occupancy and provide the required verification.

The OWNER of an affected property must give the tenant the Department's tenant-rights notice at lease execution or inception and at least every 2 years after, with the current § 6-818 inspection certificate.

A residential lease provision purporting to relieve the landlord from liability for negligence is VOID. Do not draft one.

Massachusetts statute of frauds for interests in land: an estate or interest created without a written instrument signed by the grantor or attorney has the force of an estate at will only, and no estate may be assigned,…

A lease provision waiving the tenant's right to statutory notices is void. Massachusetts residential leases cannot contract around the notice regime.

THE STRICTEST SECURITY DEPOSIT STATUTE IN THIS COLLECTION, and the one that generates Massachusetts landlord liability.

Text on apportioned rent: where a lease or tenancy at will ends before the end of a rent period by surrender, notice to quit for nonpayment or death, the landlord may recover in contract a proportional part of the rent…

Appeal rule in summary process: a notice of appeal must be filed within 10 days of judgment, execution does not issue until 10 days after judgment, and the section then sets the appeal bond and waiver rules.

How a lease is terminated for non-payment of rent, including the tenant's statutory right to cure by paying within the period the section allows. The cure right is what a landlord most often overlooks.

The notice required to terminate a tenancy at will: generally the rental period or thirty days, whichever is longer. A defective notice defeats the eviction; follow the section rather than a generic template.

Recovering possession after a tenancy at will has been terminated. The step after the section 12 notice.

Interfering with a tenant's quiet enjoyment, or shutting off utilities, carries CRIMINAL penalties and civil damages of at least three months' rent plus costs and attorney's fees.

A tenant who gives notice of an intention to quit at a specified time and then fails to deliver possession at that time must pay double the rent from that time, recoverable in the same manner as the single rent, and the…

Within 30 days after the tenancy or license ends the landlord must return the deposit plus the tenant's portion of interest or earnings, less charges permitted by the lease, by personal delivery or registered or…

Proceedings under this article are not appealable except on the ground of lack of jurisdiction, but the landlord remains liable in a civil action for unlawful proceedings under the article.

For tenants covered by section 2 of the Anti-Eviction Act, a lease provision permitting termination or nonrenewal without statutory good cause, or waiving other rights under the Act, is against public policy and…

Goods and chattels on leased real property are not liable to be taken by execution, attachment or other process unless the party suing out the process first pays the landlord all rent then due, not exceeding one year's…

Money or other security deposited under a lease or license of real property remains the property of the person who deposited it, is held in trust, and may not be mingled with the recipient's own property or become an…

Lists the grounds for a summary proceeding and requires a written 14-day demand for rent before a nonpayment proceeding. A New York lease's default clause cannot substitute a shorter demand.

A tenant who gives notice of intention to quit and does not deliver possession at the time specified must, so long as the tenant remains in possession, pay double the rent otherwise due, recoverable in the same manner…

The Department of State's mandatory agency disclosure for rentals under Real Property Law § 443, setting out landlord's agent, tenant's agent, broker's agent and dual agency, with the signature acknowledgment.

A security deposit remains the tenant's money, is held in trust by the landlord and may not be mingled with the landlord's own funds;

Gives a residential tenant in a building of four or more units the right to sublet with the landlord's consent, which may not be unreasonably withheld, and prescribes the request procedure.

Before raising the rent by more than 5% or refusing to renew a residential lease, the landlord must give written notice of 30, 60 or 90 days depending on how long the tenant has occupied the unit or the length of the…

Where a leased building is destroyed or so injured by the elements or any other cause as to be untenantable and unfit for occupancy, and no express agreement to the contrary has been made in writing, the tenant may, if…

Requires a written rent receipt for any payment not made by personal check, an annual statement of payments on request, and written notice by certified mail when rent has not been received within five days of the due…

Recording-act definitions: "real property" and "conveyance" both exclude a lease for a term not exceeding three years, so a written lease for more than three years is a conveyance within the recording article;

Ohio text defining tenant, landlord and residential premises for chapter 5321, the Landlords and Tenants Act, in terms of a dwelling unit for residential use and occupancy, which marks the boundary between that chapter…

The Ohio landlord's mandatory obligations: comply with building, housing, health and safety codes materially affecting health and safety, keep the premises fit and habitable, maintain common areas, supply running water…

The tenant's statutory obligations. The counterpart to section 5321.04 and the basis for a landlord's breach claim.

THE THREE-DAY NOTICE TO LEAVE THE PREMISES is the prerequisite to an Ohio eviction and must be served at least three days before the action, by certified mail or by the other means the section allows, AND must contain…

Ohio: 5301.01(A) requires the grantor's signature and acknowledgment before a listed officer, who certifies the acknowledgment and signs the certificate. The current paragraph does not require two attesting witnesses.

Ohio text allowing a memorandum of lease, executed and acknowledged under section 5301.01, to be recorded in lieu of the lease, and listing what the memorandum must contain: the parties' names and addresses, a reference…

Where a tenant has deposited rent with the court over a condition complaint, the landlord applies under this section for its release. The landlord's answer to a rent-deposit case.

VOID CLAUSES in an Ohio residential rental agreement, including agreements to pay the landlord's attorney's fees, to confess judgment, or to limit liability for the landlord's own negligence.

SELF-HELP IS PROHIBITED. An Ohio landlord may not exclude the tenant by changing locks, may not seize the tenant's property for rent, and may not shut off utilities, with damages available to the tenant.

Pennsylvania's unconsolidated Landlord and Tenant Act, published as a complete act.

The cooperative Act's defined terms, including proprietary lease, cooperative interest and proprietary lessee. These are the words a cooperative occupancy agreement has to use;

Magisterial district judges have jurisdiction of, among the matters listed, those arising under The Landlord and Tenant Act of 1951 that the act states to be within their jurisdiction, with the remaining paragraphs on…

A contract or LEASE entered into by the declarant before the unit owners elect their own executive board may be terminated without penalty on the notice the section requires.

Which cooperatives the Uniform Cooperative Act governs. A Pennsylvania cooperative interest is held under a PROPRIETARY LEASE rather than a fee deed, so a transaction that looks like a sale is governed by this subpart…

Except where the subpart expressly allows it, its provisions may NOT be varied by agreement and rights it confers may not be waived. Check before drafting a proprietary lease clause that departs from the statute;

A cooperative interest is a separate LEASEHOLD interest in real estate for the purposes the section states.

The cooperative association's powers, including adopting rules governing use and occupancy, levying assessments, and the remedies it holds against a proprietary lessee.

Who maintains, repairs and replaces what as between the association and the proprietary lessee, subject to the declaration. The allocation to settle expressly in an occupancy agreement.

Limits on the liability of the association and proprietary lessees for a declarant's acts, and how claims against the association are handled. Relevant when a lessee is named in a suit about common areas.

The tenant's remedies where a landlord fails to repair after proper notice, including termination, repair and deduct, and damages. Advise a landlord on the condition of the property before advising on rent.

A landlord who retains a deposit in BAD FAITH is liable for THREE TIMES the wrongfully withheld portion plus $100 and attorney's fees, and failing to give the written description and itemised list on time raises a…

Texas text, in the commercial tenancies chapter, stating that notwithstanding a lease provision to the contrary a tenant's right of possession terminates and the landlord may recover possession if the tenant uses or…

Texas text requiring a landlord to provide a complete copy of the lease to at least one tenant within three business days of signing, and to any other tenant on written request within three business days, with the…

The landlord's repair duty and the notice the tenant must give to trigger it. Texas conditions the tenant's remedies on following the statutory notice route; set it out in the lease.

What counts as a security deposit in a Texas residential lease. Read with sections 92.103 and 92.109 for the deadlines and the penalty.

The landlord must refund the deposit within THIRTY DAYS after the tenant surrenders the premises, and the tenant's forwarding address is a condition of the obligation.

A notice by either party changing any term of a tenancy at will is itself a notice to vacate, given in accordance with the rental agreement or as otherwise required by law.

Virginia entry rule: the TENANT SHALL NOT UNREASONABLY WITHHOLD CONSENT to entry to inspect, repair, service or show the unit.

Lets the landlord accept rent with a written reservation without waiving a pending termination, and gives the tenant a statutory right of redemption by paying all rent, late charges, costs and fees before the return…

Nonresidential lease scope, term, rent and assignments text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

The statement the Department of Housing and Community Development is required to develop and publish, which § 55.1-1204(B) obliges a landlord to provide with every written rental agreement, together with the DHCD…

The landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to put and keep the premises fit and habitable, keep common areas shared by two or more units of a…

Nonresidential lease scope, term, rent and assignments text. Read the complete provision, including scope, definitions, exceptions and effective dates, before applying it to this agreement.

The defined terms fix the economics of the lease: "rent" is all money other than a security deposit owed or paid to the landlord under the agreement, including prepaid rent more than one month ahead;

The publisher presents multiple versions of this section. Read every version with its own effective-date heading and transition provisions; determine which dates or contingencies govern the matter.

The publisher presents multiple versions of this section. Read every version with its own effective-date heading and transition provisions; determine which dates or contingencies govern the matter.