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Whether you are a tenant or a landlord, when you sign a lease agreement, you
sign a contract. You are contractually obligated to perform certain duties and
assume certain responsibilities. You are also granted certain rights and protections
under the lease agreement.
Rental-housing law is complex. I am grateful to the faculty and students of the
MSU College of Law Housing Law Clinic for their detailed work and assistance in
compiling the information for this booklet.
Owners of mobile-home parks, owners of mobile homes who rent spaces in the
parks, and renters of mobile homes may have additional rights and...
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The central panel of the northern and southern walls contained a quadrant painted with
xenia, while the wall of the ground floor, or west, was an image of the river Sarno as
penates placed between two festoons of flowers. The image was described as a bearded
god wearing a crown of reeds. He was sitting on the ground under the shade of a sacred
tree. Resting on his left elbow on an overturned urn, he held a reed in his left hand, and
his right hand rested on the corresponding knee. He was nude from the upper part of
his...
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Advantages. The advantage to the tenant is
that the rental period is fixed and the rental
amount is stable; the landlord may not regain
possession or raise the rent, with few
exceptions. The advantage to the landlord is
that the tenant is committed to pay rent for a
specified period of time; the tenant is bound
by the lease terms, with few exceptions.
Disadvantages. The disadvantage to the
tenant is that he or she is bound by the lease
term and may not simply move without
remaining liable for the rent, permitting fewer
changes in arrangements. The disadvantage to
the landlord...
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Usually, towns and cities set aside or “zone” specific
areas for highrise apartment buildings. You will see
clusters of highrises in the downtown core. Some are
apartment buildings. Some are office buildings and
stores. You will also find highrise apartment
buildings on the outskirts— suburban areas or
suburbs—of towns and cities.
Land costs in big cities are high. For that reason,
there are usually many apartment buildings in big
cities.
Apartments can be ideal for people who cannot
afford to buy a house. Young adults and newcomers
often live in apartments in the centre of a city, where
services and public transportation are close by.
Suburbs are typical features of Canadian...
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There are many different types of housing in
Canada. Housing types are similar across the
country. Often, different words describe the same
type of housing in different parts of the country.
In Canada, each level of a house or a building is a
storey. A storey is one level. The ground level or
ground floor is the first storey, the second floor is
the second storey. A basement is not a storey.
Canadian houses almost always have finished or
unfinished basements. A basement is not
the same as a cellar. To Canadians, a cellar is an
unheated storage space below ground. Basements
are heated and usually only partly below ground
level....
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Canadians take care of their houses and gardens.
They expect their neighbours to take care of
their houses and gardens.
In most cities and towns, municipal bylaws
require homeowners to keep their property neat
and tidy. Some cities require owners to shovel the
sidewalk in front of their house in winter. If you
rent an apartment, this is the landlord’s
responsibility.
Most Canadians want to eventually buy a home.
When Canadians grow older, they often sell their
houses and use the money from the sale to buy a
condominium or rent an apartment.
Many Canadians keep their distance from their
neighbours. Children are not as reserved as adults.
If you have children,...
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A fact of life in Canada, especially in the large
urban centres, is time pressure.
Many Canadian cities occupy large geographic
areas. People commute to and from work by
car or public transit.
Commuting takes time. Most Canadians don’t
have as much time as they would like for friends,
families and neighbours.
This has affected the way of life, so that for
some immigrants, Canadians appear to be less
willing to take time for leisure activities. Many
newcomers to Canada find this very different,
especially if they are from cultures which place
an emphasis on personal and social interaction,
where they tend to walk rather than drive, and
where they tend to...
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Condominium ownership is ownership of a unit,
usually in a highrise. Condominiums can also be
townhouses or lowrises.
Condominium ownership means you own the unit
you live in and share ownership rights for the
common space of the building. Common space
includes areas such as corridors, the grounds around
the building, and facilities such as a swimming pool
and recreation rooms.
Condominium owners together control the common
areas through an owners’ association. The association
makes decisions about using and maintaining the
common space.
Rental
Rental gives you the right to live in—but not sell—
an apartment or a house.
It is possible to rent any type of housing, but most
rental units...
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The chances are that the first place you live in
Canada will be rented. You can rent a place to live
on a month-to-month basis, or rent for one or two
years. There are many different types of living
places for rent.
The following are the different types of rental
accommodation you will find in most Canadian
cities and many towns.
Co-operative or co-op housing
Co-op housing is a type of subsidized housing.
Rent for about half the units is geared-to-
income—the rent is what the tenant can afford
to pay. Rent for the other units is market or
near-market rate.
All the tenants of a co-op take part in...
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Public housing usually refers to houses or
apartments the provincial government built and
manages through a local housing authority. Most
often these apartments, are for people who are
most in need. Public housing sets rent on what
the tenant can afford—rent geared-to-income.
To get public housing you must be at least
16 years old and a Canadian citizen or landed
immigrant.
Shared housing
Shared housing can be an apartment or house that
you share with another person, or another family.
In a rooming house, a shared house or apartment,
there are private bedrooms. You share the kitchen,
bathroom and other living space with other people. ...
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Mary lay down in a long cane chair and toll Nina, the maid, to bring tea.
Another chair waited for Edgar. There was not a cloud in the sky, and the city
below, in the distance, was bathed in the soft clear brilliance of the June afternoon.
She heard a car drive up. A moment later, Ciro, the Leonards' manservant and
Nina's husband, ushered Edgar on to the terrace. Tall and spare in his well-cut blue
serge and a black Homburg, he looked both athletic and distinguished. Even had
she not known, Mary would have guessed that he was a...
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`Am I telling you something you don't know when I tell you that I've been
head over heels in love with you since you were a kid with bobbed hair?'
What did one say to that? One laughed brightly. `Oh, Edgar, what nonsense
you talk.'
`You're the most beautiful creature I've ever seen in my life and the most
delightful. Of course I knew I hadn't a chance. I was twenty-five years older than
you. A contemporary of your father's. I had a pretty shrewd suspicion that when
you were a girl you looked upon me as a funny...
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For the first few weeks of her stay she had spent much time seeing the
sights: she passed pleasant mornings at the Uffizi and the Bargello, she visited the
churches and wandered at random in old streets; but now she seldom went down
to Florence except to lunch or dine with friends. She was satisfied to lounge about
the garden and read books, and if she wanted to go out she preferred to get into
the Fiat and explore the country round about. Nothing could have been more lovely
with its sophisticated innocence than that Tuscan scene. When the fruit...
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THE villa stood on the top of a hill. From the terrace in front of it you had a
magnificent view of Florence; behind was an old garden, with few flowers, but with
fine trees. hedges of cut box, grass walks and an artificial grotto in which water
cascaded with a cool, silvery sound from a cornucopia. The house had been built in
the sixteenth century by a noble Florentine, whose impoverished descendants had
sold it to some English people, and it was they who had lent it for a period to Mary
Panton. Though the rooms were large and...
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An oral agreement means that you do not write anything down. Oral leases
have the advantages of being uncomplicated and usually do not commit the
tenant for the summer, when most college students leave town.
But, be careful. Holding your landlord to any promises that were not written
down is often hard to do. Th erefore, using a written agreement is ideal if there
are specifi c details that need to be addressed. Furthermore, a landlord can
terminate an oral lease with proper notice.
Unless you and your landlord agree otherwise, the schedule of rental payments
will set the...
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A written lease contains obligations for both the landlord and the tenant.
Unless the lease says diff erently, the landlord cannot raise the rent during the
term of the lease. But, unlike most oral leases, written leases usually commit a
tenant to rent payments for a fi xed amount of time, whether or not the tenant
lives in the apartment. In Florida, a landlord does not have to make any special
eff orts to re-rent your place if you breach the lease by moving out early. (Fla.
Stat. § 83.595 (1)(c)).
A written lease also minimizes disputes...
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Florida law requires both the landlord and tenant to exercise “good faith” and
honesty in their dealings (Fla.Stat. §§ 83.43(8) and 83.44). An unconscionable
clause in a lease is one that is far beyond what is considered reasonable to an
ordinary person. Naturally, the law prohibits unconscionable lease clauses, and
the court may invalidate the clause or the entire lease agreement. (Fla.Stat. §
83.45)
Additionally, if a lease clause excludes any rights specifi ed in the Landlord/
Tenant Act, or limits any other legal liability of the landlord or tenant, the
clause is unenforceable. (Fla. Stat. § 83.47)...
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Be sure that you understand everything in the lease. If you want something
changed, you can do so right on the lease, by crossing that part out, writing in
the changes, and having both parties initial the new wording. Do this on both
your copy of the lease and on your landlord’s copy. (ex. “both parties agree
that the pet fee is refundable.”) If you and your landlord agree on a particular
meaning for an ambiguous term, then you may write in the clearer term and
initial the newly agreed upon meaning. Be sure to...
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Th e security deposit consists of any money that the landlord holds as security
to protect the landlord from unpaid rent or damage to the apartment. Th e
tenant may not defeat the purpose of the deposit by using the deposit as the last
month’s rent.
Th e term “deposit money” includes damage deposits, security deposits, advanced
rent, pet deposits, and any other contractual deposits agreed to by the landlord
and tenant. (Fla. Stat. § 83.43(11)).
Always get a receipt for the deposit, although you can simply write this into the
lease....
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Th e landlord cannot automatically keep the deposit because the tenant breaches
the lease. Th e landlord can only take compensation for damages caused by
the tenant. If the lease contains a provision allowing the landlord to keep the
deposit upon the tenant’s breach, whether that is a valid provision will have to
be determined by the court.
Florida law specifi es how your landlord may hold your deposit money. Th e
landlord may place the deposit money in a separate non-interest-bearing
account, but if the landlord puts the deposit in an interest-bearing account, then
the landlord must pay you...
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When your lease has ended and you have moved out,
your landlord has 15 days to return your deposit, if the landlord does not intend
to make a claim against your security deposit. If a claim against your deposit
is made, then the landlord has 30 days to give you written notice (by certifi ed
mail, to your last known mailing address) that a claim has been made and what
the claim is for. If your landlord fails to send you this notice within the 30 days,
then the landlord forfeits the right to take any deductions at...
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Upon your moving in and when you move out, ask to accompany your landlord
while the apartment’s condition is inspected. When you move out, clean
the whole apartment thoroughly, including the bathroom and kitchen walls,
appliances (including the range, oven and refrigerator), fl oors and furniture.
Give your landlord a forwarding address.
Th e most common problem in recovering a security deposit is proving the
condition upon moving out in comparison with moving in. You should take
photos and have witnesses who are not tenants examine the apartment and
sign statements about the apartment’s condition. When you move in...
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Th e key to winning any dispute, especially one in court, is having substantial
proof of the facts in dispute. Th is is best done by putting all complaints in
writing, making a copy for yourself, and if possible, sending all correspondence
by certifi ed mail. Th is is what is known as creating a paper trail, which is
very important because this way when a dispute arises, you will have all the
information you need right in front of you for the other party to see. In the
unfortunate case of a dispute going to court,...
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If you can still live in your place despite the problem, then you should fi rst
write your landlord explaining the situation, and informing the landlord of any
housing, building or health code violations. Sending a letter like this is the best
way to get repairs done and still stay on good terms with your landlord. You
should keep a copy of this letter. If appropriate, you may want to suggest that
your landlord reduce the rent until he repairs the problem.
You may also want to warn him that you may withhold rent if the problem...
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Give your landlord written notice explaining that you intend to withhold
rent if the landlord does not begin making repairs within 7 days, and
specify the material noncompliance (example: for a category ‘1’ violation)
for which the landlord is at fault. Notify your landlord, apartment manager,
or rent collector, in person or by registered mail and keep a copy for yourself. mail and keep a copy for yourself. mail
Th e defense of non-compliance with FL S. 83.51 can be raised by the tenant
if seven days have elapsed after the delivery of written...
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If the problem is serious, you have the right to leave if you have given your
landlord a seven-day notice. For example, if the landlord fails to comply with
the material provisions contained in the lease or in category “1” as described
above (maintaining building, housing, and health codes), the tenant may
terminate the rental agreement. If the landlord’s failure to comply makes the
dwelling unlivable, the tenant will not be liable for rent (Fla. Stat. §83.56(1)(a)).
But if you move out and your landlord then sues you for unpaid rent, you
will have to pay the rent to...
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However, the advantage for the tenant in moving out is that this will make the
court more likely to eliminate the rent completely for the time during which
the tenant vacated. Also, if you have a strong case because the problem is
serious, then the landlord might not sue you for the rent at all.
If your landlord does repair the problem, then you will have to move back in
for the rest of your lease. However, the court will probably require him to abate
your rent and pay your moving expenses. You should get legal advice before...
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An oral or written lease containing a specifi c duration may specify the terms for
ending the lease. (Remember that any lease for more than one year must be in
writing to be binding.) Th e lease could also end automatically at the end of the
lease period and not require either party to notify the other. Be careful of any
automatic renewal clauses that renew the lease for a certain period.
If your lease is oral and there is a discrepancy as to the duration of the lease, it
most likely will be treated as one without...
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If you breach your written lease by moving out before the lease expires, your
landlord can hold you liable for any damages and for the remainder of the rent.
However, if the landlord retakes possession of the dwelling unit, the landlord
has an obligation to make a good faith eff ort to fi nd another tenant. Th is
means making the ordinary eff ort to rent which the landlord would make for
any apartment. (Fla. Stat. § 83.595(2)). But the landlord does not have to give
special priority to your apartment. If the landlord does...
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Th is is the most common type of subletting. If there are no restrictions in the
lease regarding subletting, a tenant under a lease for a defi nite period may sublet
the premises. A sublease is a contract between the tenant moving out and a
new one moving in for a portion (usually the remaining portion) of the primary
lease. Th e subtenant takes over and agrees to pay rent to either the primary
tenant, or directly to the landlord.
In this case, you, the primary tenant, are acting like a landlord to the subleasing
tenant....
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