A tenancy refers to the exclusive possession or occupancy of land or property by one individual, without any shared ownership with another person. It can be obtained through a lease agreement or by legal ownership through a deed or will. This form of tenancy is completely separate and different from any other ownership rights in the property.
Several tenancy is a type of tenancy where individuals hold possession of a property separately, rather than jointly with another person. It involves the occupancy of land under a lease or conveying instrument, such as a deed or will. For instance, John and Mary own a property as tenants in common. However, John sells his share to Peter, resulting in Peter and Mary becoming several tenants of the property. Similarly, Tom leases a commercial space from a landlord for a fixed term of five years, granting him several tenancy rights to the property throughout the lease period. These examples demonstrate that in several tenancy, each person possesses a distinct and independent right to the property, with their interests not being interconnected.
In most cases, a landlord can only increase the rent if it is specified in the lease agreement or if the local rent control laws allow for it. Otherwise, the rent cannot be increased until the lease term ends.
Generally, a tenant cannot terminate the lease before the agreed-upon end date unless there is a provision in the lease agreement or if both parties mutually agree to terminate the lease early.
Landlords are typically responsible for maintaining the property in a habitable condition, which includes necessary repairs and maintenance. However, specific responsibilities may vary depending on local laws and the terms of the lease agreement.
Landlords generally need a valid reason, such as non-payment of rent, violation of lease terms, or property damage, to evict a tenant. However, local laws may vary, so it’s important to consult the specific regulations in your area.
In some cases, tenants may be allowed to withhold rent if the landlord fails to make necessary repairs that affect the habitability of the property. However, specific conditions and procedures for rent withholding vary by jurisdiction, so it’s advisable to seek legal advice.
Landlords typically need to provide notice and obtain the tenant’s consent before entering the rental property, except in emergency situations. The specific notice requirements may vary by jurisdiction.
Whether a tenant can sublet the rental property depends on the terms of the lease agreement. Some leases prohibit subletting, while others may allow it with the landlord’s consent.
Landlords can generally deduct from the security deposit for unpaid rent, damages beyond normal wear and tear, or cleaning costs. However, they must provide an itemized list of deductions and return any remaining deposit within the specified time frame, as per local laws.
Landlords can typically include pet restrictions in the lease agreement, such as prohibiting pets or allowing them with certain conditions. If a tenant violates these terms, the landlord may have grounds for eviction.
Eviction rules during the COVID-19 pandemic vary by jurisdiction and may be subject to temporary moratoriums or restrictions. It’s important to consult local regulations and seek legal advice to understand the specific eviction rules in your area.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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