Leases 2015-10-15T15:40:01+00:00

Who has what rights when a property is rented?

Whether you are a landlord or a tenant, you should know what interest you have and rights you have regarding a leased property.  First, with respect to the property, the landlord (unless he/she sells it) has the ownership interest in the property.  In essence, they have all the rights afforded to an owner in that they sell it, charge rent, and represent the home in a vote if a homeowner association, for instance.  The tenant, meanwhile, has the possessory interest. Possessory interest means the tenant has the sole right to enter onto the premises along with those people whom the tenant invites.

The moment the landlord rented the property, it lost the possessory right to the tenant for so long as the tenant lawfully remains on the property.  Therefore, the landlord could be found trespassing on his own property when leased!  Of course, there are exceptions to this possessory right such as in emergencies and certain agreed upon entrances such as to show the property when the lease is set to expire.  Aside from those exceptions, the tenant, so long as they follow the law and the terms of the lease, can do what he/she pleases on the property during the term of the lease.

Benefits of an attorney reviewing a lease

  • Attorneys know the law and can confirm the document is legally enforceable.
  • The lease agreement has the clauses the parties want as intended.
  • Can potentially avoid litigation by having it drafted correctly.

How long does it take to have a custom Rights of Leased Property?

Approximately 1-2 business days*

*Depending on Specifications

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Why our firm to make your custom Rights of Leased Property?

Are you unsure what rights you have with a particular property?  Don’t know which of your actions is allowed? Contact SG Law Group to determine your rights and make sure they are respected.

 

Hire an affordable, professional Attorney to draft or review Lease Today! And Hire an affordable, professional Attorney to review Lease Before you sign it!

 

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