Actual Eviction is the legal process by which a landlord removes a tenant from rental property.
The term 'attorn' refers to the legal act of transferring or turning over money or property to another party, often used to describe a tenant recognizing a new property owner as their landlord. This can occur during the sale or transfer of leased commercial or residential properties.
Constructive eviction is a legal doctrine in real estate that allows tenants to terminate their lease and vacate the property when a landlord's actions or failure to act substantially interfere with the tenant's use and enjoyment of the premises.
Constructive eviction occurs when a property becomes uninhabitable due to a landlord’s actions or failure to act, allowing tenants to terminate their lease.
A Cotenancy Agreement in a shopping center lease allows a tenant to reduce rent, decrease payments for common area maintenance, or terminate the lease if other named tenants cease operations, also known as 'going dark'.
Dispossess proceedings refer to the legal process initiated by a landlord to remove a tenant from a rental property and regain possession, typically due to non-payment of rent or violation of lease terms.
Emblements refer to growing crops which are considered to be personal property. This concept primarily applies to tenant farming wherein a tenant has the right to harvest crops even after the lease on the land has expired.
Estate at Will refers to the occupation of real estate by a tenant for an indefinite period, terminable by either the landlord or tenant at any time.
The Fair Housing Law encompasses regulations and statutes that prohibit discrimination in housing-related transactions based on race, color, religion, sex, familial status, national origin, and disability.
Familial status is a characteristic derived from a person's household type, including factors such as marriage and the presence of existing or prospective children. It is crucial in the realm of housing rights as outlined by the Federal Fair Housing Law and the Fair Credit Reporting Act. These laws prohibit discrimination against individuals under the age of 18 who reside with a parent or legal guardian, and they provide specific coverage for pregnant women.
A Fixed-Price Lease-Purchase Option is a contractual agreement where a tenant has the option to purchase the leased property at a predetermined price after or during the lease term.
A holdover clause is a provision in a lease that outlines the actions and conditions when a tenant remains in the property beyond the expiration of the lease term.
Leased land, also referred to as leasehold land, involves leasing a parcel of land from a landowner for a specified time period, often for development or long-term residency. This arrangement grants the tenant certain property rights without transferring land ownership.
A leasehold estate refers to a tenant’s right to occupy and use real estate for a defined period as stipulated in a lease agreement. Leasehold estates provide tenants with significant rights over the property during the lease term.
A less than freehold estate refers to an estate in land that has a predetermined time span, most commonly associated with leases and leasehold properties.
A legal document indicating that a tenant recognizes a new owner of the property as their landlord, effectively transferring tenancy.
A Military Clause is an option included in residential leases that allows a tenant currently serving in the military or reserves to break the lease without forfeiture of the security deposit in the event of a transfer or call-up to duty.
A Notice to Quit is a formal, written notification issued to a tenant to vacate rented property by a specified date. It is commonly used by landlords when the lease expires or the tenant violates the rental agreement.
Partial eviction occurs when a tenant is deprived of a portion of the leased property, often resulting in a reduced rent or relocated space within the property.
A Periodic Estate, also known as periodic tenancy, is a type of lease agreement that automatically renews at the end of each lease period unless either party provides notice of intention to terminate the agreement.
A proprietary lease in a cooperative apartment building is an agreement granted by the corporation to its stockholders, which entitles them to rent or use a specific apartment unit upon meeting the conditions outlined.
In real estate, quiet enjoyment is the right of an owner or any person legally entitled to possession to use property without interference. It is fundamental for tenants and property owners, ensuring that they can possess and enjoy their property in peace.
A Renewal Option in a lease agreement gives the tenant the right, but not the obligation, to extend the lease for an additional term under specified conditions.
Rent control refers to a set of laws and regulations that limit the rate at which rents can increase over time.
Retaliatory eviction occurs when a landlord seeks to evict a tenant as a response to the tenant exercising their legal rights, commonly in relation to complaints about housing conditions. Such actions are prohibited in many jurisdictions to protect tenants from unfair and punitive treatment.
The Right of First Refusal (ROFR) grants a party the opportunity to match the terms of a proposed contract before it is executed with an outside party.
Self-help refers to the efforts of a landlord to cure a default on the lease without aid of legal proceedings, which is generally not permitted as a legitimate substitute for a legal eviction.
A slumlord is a derogatory term used to describe a property owner or landlord who operates buildings in poor conditions, typically in a slum, and invests very little in the upkeep and maintenance of their rental properties. Such landlords often prioritize rent collection over ensuring their properties are habitable and safe.
Subletting refers to the practice of a tenant leasing out a rental property to another person for a portion of the lease term. Subletting agreements typically require the consent of the original landlord.
Trade fixtures are objects placed in rented commercial properties by tenants to facilitate their business operations. These fixtures can typically be removed by the tenant before the lease's expiration. However, if they are not removed in a timely manner after the lease ends, they may become the property of the landlord.
Trespass refers to the unlawful entry or possession of someone's property without permission. It can involve physical intrusion or unlawful occupation, thereby infringing on the possessor's rights.
The Warranty of Habitability is an implied assurance given by a landlord that an apartment offered for rent is free from safety and health hazards.
