Lease Analysis, Essay Example

In analyzing a residential lease agreement, it is apparent that both the tenant and the landlord have requirements and general conditions for a valid lease. The landlord is required to supply the tenant with a livable, clean and secure occupancy that is in good repair. The tenant is required to pay rent on time and take reasonable care of the tenant’s property. In addition, a signed written agreement between the landlord and tenant is necessary for validation of the lease, which includes terms and conditions of the contract such as amount of rent, payment date, move-in date, pet policy, and security deposit amounts (Landlord-Tenant Law).

Basic rights of tenants include the right to privacy and personal possession of the rented space. The landlord must give advance notice if he needs to enter a tenant’s space for maintenance, work, etc., but not just at will for no valid reason. Also, the tenant has the right to withhold rent payments if the landlord does not make necessary repairs to the rented space. Landlord rights include collecting a security deposit for collateral against the tenant damaging the property, assessing a late fee for rent not paid on time, and initiating eviction proceedings if a tenant does not pay rent, damages the property or violates any of the terms of the lease agreement. To begin an eviction process, the landlord must file a lawsuit in court so that the tenant can be served with notice (Landlord-Tenant Law).

Legislation and civil rights laws have changed the landlord-tenant relationship because of discrimination complaints and lawsuits. Housing discrimination laws prohibited landlords from refusing a lease to someone solely based on race, religion, gender, color, ethnicity, or familial status (Landlord-Tenant Law).

The language used in the lease agreement is legal language that reads as a binding document which can be used in a court of law. What stands out about the lease is the fact that it is so detailed. Every possible contingency is covered for both parties.

References

New Hampshire Residential Lease Agreement. (2012). Retrieved from Internet Legal Research Group (ILRG): http://www.ilrg.com/forms/lease-res/us/nh

Landlord-Tenant Law. (n.d.). Retrieved from Missouri Attorney General Chris Koster: Missouri Attorney General Chris Koster