Residential Letting Agreements
- Leases are legally enforceable contracts, either oral or written, made between landlords and tenants. A lease should address all aspects of the tenancy, including rent, security, permitted and prohibited tenant uses of the property, termination of the tenancy, and requirements of notice.
- Many states have their own implied laws for residential tenancies. For instance, in the majority of U.S. states, no matter what the lease agreement says, the landlord must keep the premises in a habitable condition. This requirement is known as the implied warranty of habitability.
- State law dictates the consequences of breaching a lease. Consequences vary by state, and often depend on the type of breach. Some states allow the injured party to cancel the lease, sue for damages, or withhold rent. Should the tenant fail to pay rent under the lease, most states allow the landlord to evict.