Landlord-tenant law also provides the landlord the following right:
Right of Reentry to make repairs and improvements and provide agreed services. Usually, specific notice is required — except in an emergency. The landlord is also allowed to show the apartment to prospective tenants, contractors, purchasers, and lenders. The landlord has the right to set reasonable policies and rules for the property. Such rules generally concern promotion of the convenience and welfare of all tenants, preservation of the landlord’s (owner’s) property and allocation of services and facilities.
- If the landlord has possession of the leased premises at the beginning of the lease term but is unable to deliver it to an incoming, the landlord may be obligated to abate the rent (refund prior payment) until he or she is able to deliver the apartment to the tenant. Alternatively, the tenant may choose to terminate the lease and have prepaid rent, deposits, and fees returned, or the tenant may sue for possession of the premises and recover damages from the landlord.
- If the landlord does not have possessions of the dwelling unit because a previous tenant has not vacated it, the landlord’s liability may be partially mitigated by that of the current occupant, if proper notice had been given.
- Landlord agrees to provide a habitable apartment—– one that is safe and clean. Local building codes usually define specific standards that generally include the following:
- The common areas are maintained in a clean and safe condition
- The apartment is maintained in a safe condition
- Essential services, including heat, running water, gas, electricity, sewerage, and waste disposal, are supplied (again, the landlord does not have to pay for these services, just make them available)
CHECKLIST: LEASE DOCUMENT ELEMENTS
- Names and signatures of all parties to the agreement
- Description of the leased premises
- Additional clauses (also called “provisions and attachments”)
- The various other clauses in the lease describe the obligations of the parties under the agreement. These clauses are usually specifically identified. They cover everything from security deposits to requirements for notices.
- Some common lease clauses follow: