Common Lease Terms

office of residential life

Arrears - Overdue rent

Assign - Transfer the unexpired portion of a lease

Cause of Action - Specific situation that may become the basis for a lawsuit

Civil - A non-criminal legal matter; housing disputes are often settled in civil court

Covenant - A promise

Default - To forfeit or lose by omission to perform a legal obligation

Demised Premises - The place being rented

Destraint (preceded by distress) - The landlord takes your personal property to force you to pay or eventually sells it to get the money

Enjoyment - Possession or occupancy of land

Enure - To take effect

Eviction - Depriving a person of occupancy; constructive occupancy does not actually remove the tenant, but it makes it impossible for the tenant to remain because of conditions, i.e. - serious deterioration

Goods and Chattels - Personal property

Holdover - Retaining possession of rented real estate after the lease term expires or the landlord demands possession because of an alleged branch of the terms in the lease by the tenant

Indemnify and Hold Harmless - To free from any responsibility or liability

Inure - To take effect

Lease - A type of legal agreement establishing a landlord-tenant relationship

Lessee - The tenant

Lessor - The landlord

Liability - Responsibility, loss, a negative element

Notice to Vacate - Notification from the landlord to the tenant ordering the tenant of the property

Parties to a Lease - Those who agree to abide by the provisions of a lease; usually, you as the tenant, any house mates as co-tenants, and the landlord

Possession - Lawful occupation and use of land, subject to protection of "Quiet Enjoyment"

Sublet - Agreeing to permit someone else to use rented property for a period less than the lessee's term. The lessee will be paid by the subletor

Summary Proceeding - To recover possession; i.e. - eviction

Term of Lease - The length of time that a lease shall be in effect

Thirty-Day Notice - On a month-to-month tenancy, this is the notice that either party must give the other to terminate the tenancy; the thirty days must include a full rental period

Waiver - Relinquishment of a right, agreeing to give up something that you are entitled to.

Source: E.J. Goodman. The Tenant Survival Book. New York: New American Library, 1974.


Written Lease

Many landlords require tenants to sign a written lease. Remember that the lease is a contract, which, once signed, legally binds both parties to the terms of the lease. Before signing the lease, read it and make sure that you understand everything. Leases are often written in confusing language. Have your landlord or an appropriate advisory agent (i.e. - ODSD) explain everything that you do not understand. Make sure that your lease protects your interests, not just the landlord's. Try to delete or modify clauses that are a disadvantage to you. Since many landlords now require student's parents to co-sign the lease, you should encourage your parents to thoroughly review the lease as well.