Residential Rent Agreements
A residential rental agreement is a contract between a landlord and tenant for a term of tenancy. A rental agreement, also known as a periodic tenancy, is for a short-term tenancy. The most common periodic tenancies are for month-to-month occupancies. Rental agreements establish the terms of the occupancy and the responsibilities of the parties.
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Rental Terms
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A landlord and a tenant should put the terms of a rental agreement in writing. Although an oral rental agreement for a term of a year or less is enforceable, a written agreement ensures that both parties are aware of their obligations. A rental agreement typically includes provisions regarding the length of the occupancy, the property address, whether pets can occupy the premises, the rental amount and the names of the tenants.
Security Deposit
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A landlord can collect a security deposit from tenants. A security deposit is an amount paid by the tenant to cover the cost of unpaid rent or damage to the property. In many states, a landlord cannot charge more than one to two times the rent for a deposit. If required by state law, a landlord may have to place the deposit in a separate account and may have to pay the tenant interest on the deposit. After the tenant vacates the rental premises, the landlord must return the unused amount within a specific number of days.
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Rent Increases
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A landlord can raise the rent by giving appropriate notice required by state law. Typically, for a month-to-month rental agreement the landlord must provide the tenant with a 30-day written notice of the increase. If a rent control ordinance applies to the rental unit, a landlord's right to raise the rent is restricted. Many rent control ordinances only allow a landlord to raise the rent by a percentage or after the current tenant moves out.
Renewal
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A periodic rental agreement automatically renews each month for a new 30-day term. The tenancy is not renewed if the tenant or the landlord gives a 30-day written notice of the intent to end the tenancy. The landlord can change the terms of the agreement by giving the tenant notice of the altered terms. If the tenant does not accept the new terms, the tenant can negotiate with the landlord or move out after giving notice.
Termination
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A landlord or a tenant can terminate a rental agreement by giving a written notice to the other party. Unless governed by a rent control ordinance or prohibited by state law, a landlord can terminate a tenancy with or without cause. If the tenant refuses to leave the rental after receiving a termination notice, the landlord can file a lawsuit to evict the tenant. If the landlord prevails, the landlord has the right to have the tenant removed from the rental. The landlord can request the removal of the tenant by a law enforcement officer.
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