KBP LAW

Evictions and Leases

Hello Sports Fans! Let's speak for a moment about Evictions and Leases. This is of course the situation where you lease either an apartment, a home, a condominium or perhaps even a commercial space. If you learn nothing else from this video the most crucial component to this is a clear concise written lease at the outset so all the parties are well aware of their obligations their expectations and what they need to carry out during the lease term. First and foremost the term of the lease should be clear and concise; how many months or years when does it start when does it end. 

Number two is the monthly rental amount what is due is it a base rent due each month as well as any additional fees. Three is a security deposit - will one be taken what type of an account will it be held in and what are the circumstances in which that security deposit will be returned. Number four, which you'll often run into, is last month's rent. Is that a requirement of the lease. Five is some more of the miscellaneous items such as can you have a pet, who's responsible to pay for the heat and electric, who's responsible for any landscaping and or snow removal and things of that nature. 

If you have all these items encapsulated in a lease it really decreases the likelihood of each party ending up in landlord tenant court concerning a dispute. However even with the most perfect lease in the world sometimes these disputes arise.  There are situations of course where a tenant is allowed to withhold the rent and whether or not that is Justified is a real fact-specific type of issue that the judges often have to decide. In order to present that type of case to to a judge, on behalf of either landlord or tenant, you will need a competent real estate attorney such as the Law Offices of Kenneth B. Phillips. There may be situations where heat and hot water was not provided for a while, or perhaps there's outstanding board of health issues with the unit, or the unit was not ready on the commencement date of the lease and you had to wait a week or two to take occupancy, therefore, rent was not paid for that period.  A multitude of issues can arise with landlord tenant law but if you have a clear and concise lease at the outset and you have a competent attorney involved it will greatly decrease the likelihood of going to court and perhaps even allow you to settle the matter and move on with a seamless and enjoyable tenancy.