Important Points of Lease Agreement
A lease agreement is a legal paper that defines the pact between the tenant and landlord. The legal paper must include some important points to prove its validity. Such as,
The first and foremost thing to include within the agreement is the landlord and tenant’s contact details. Without these details, it is impossible to recognize who is the tenant and who is the landlord.
Secondly, comes every single piece of information about the property. Whether residential or commercial, and each square foot should be mentioned during renting, what household equipment is in the house even if these are also considered.
Now, another important factor is the details of the lease which should be noted elaborately.
After that, the amount to be paid as rent and the desired payment method should all be mentioned here. Besides, if the tenant has made any security deposit, it also needs to be mentioned.
At this point within the lease, all those rights conferred to the tenant and the consequences of violating rules should be mentioned.
Lastly, both parties need to sign the lease agreement by taking an oath never to violate any earlier rules.
The Demand of Tenant as per the Law
The department of Housing and Urban Development (HUD) of the USA enforced some laws on residential and commercial property agreements, which offered some legal rights to tenants and landlords. Under the law of Housing and Urban Development Act 1992, sections 144 and 145 denote that a tenant may serve notice to the landlord to claim rights over the property.
Initially, a tenant needs to serve a notice by writing down all the demands to the landlord within the valid contract period.
However, if a tenant wishes, then he/she can withdraw that notice at any point in time.
If the landlord is responsible for serving any notice against the tenant under section 140 or 141, he/she will not be able to serve any other additional notice.
However, only after withdrawing the notice, a tenant can establish his/her right to purchase the property.
Appeal to Court Against the Notice of Tenant
While the tenant appeals for his/her right on the property and serves notice in the landlord’s name, the context of the landlord’s notice comes into place. Generally, a landlord serves the notice as per the regulations under section 45. Such counter-notice only applies to renewing the lease when a landlord does not want to continue the contract due to the property’s renovation. If a landlord serves such notice against the tenant’s right claiming notice, then the governing body is liable to retain its grant on landlord’s notice, only if,
The construction will be demolished.
For the sake of renovation work
The previous or last signed lease agreement must be invalid.
Only due to these two reasons, the court may grant permission to establish the landlord’s right on the property by disobeying the tenant’s notice.
