Digital Signature Legitimateness for Lodger Agreement in United States

How to eSign a document: digital signature legitimateness for Lodger Agreement in United States

module one leases and tendencies the ownership of property entails several important rights for the property owner most notably these include the right to possess and occupy the property the right to exclude others from the property and the right to gift or sell the property however a property owner may grant some of these rights to another for a period of time when a property owner enters into an agreement with another to transfer the right to occupy and use the property a tenancy has been created landlord-tenant law is the body of laws governing the relationship between the landlord who conveys the property and the tenant who occupies it leases a lease is a contractual agreement between the Landlord and Tenant which grants the tenant the right to possess real estate owned by the landlord for a period of time the lease spells out the terms of the tenancy and the obligations each party undertakes over the course of the rental period during the lease period the landlord seeds the right to occupy and possess to the tenant this transfers to the tenant all the rights connected with possession of the property including the right to exclude the landlord himself from entering the property however the landlord retains title to the property this allows the landlord to transfer the ownership of the property to another by selling gifting or granting the property as an inheritance during the tenancy however unless otherwise stipulated in the lease the new property owner will be bound by the terms of the lease until it is properly terminated while landlord tenant law developed in the common-law and each state has enacted its own legislation most states have adopted some are all of the Uniform residential Landlord and Tenant Act creating a measure of uniform rules for residential rental agreements note that many of the protections that states have constructed to protect the rights of tenants apply only to residential leases the tenants and commercial leases are generally considered to be in a position to negotiate on equal footing and protect their own interests against landlords and so are less in need of statutory protections than people or families renting their homes licenses the owner of a property may grant other certain rights with respect to the property which allow them to use it for specific purposes these grants are called licenses and they include privileges such as easements the right to profit from property and other rights to use the property for specific purposes the key difference between a lease and a license is the right of possession a lease holder has the right to possess the property which includes the right to occupy as well as the right to exclude others licensees on the other hand do not enjoy the right of possession and are not granted absolute control over the property for example since hotels tend to rent rooms for short duration provide services connected with a hotel stay and retain basic control over the premises a guest at a hotel is generally considered to be a licensee rather than a lease holder since licensees do not have the right of possession they cannot enforce their rights through civil actions such as trespass or nuisance though they may have other avenues of redress likewise the protections afforded to lease holders in the context of a landlord-tenant relationship do not apply to licensees when the grant from the owner leaves it unclear whether she intended a lease or a license the law considers several factors to determine the status of the grant of use these include whether the agreement uses language typical of a lease the type and degree of restrictions on the use of the property as well as whether the owner retains the right of entry and a measure of control over the property types of tenancies the period of time that the tenancy arrangement lasts is often fixed in the lease during this period the rights and responsibilities of the Landlord and Tenant remain in effect and the agreement cannot be unilaterally terminated by either party however there are a number of different ways Elyse can describe the time period of the tenancy arrangement each of which creates a different type of tenancy term of years when the lease specifies a specific date of termination or a defined period of time after which the lease is terminated this is called a term of years or tenancy of years a term of years can be created for long or short periods of time but it must stay calendar dates marking the beginning and end of the tenancy or employ a formula that can be used to calculate such dates note that despite the name a term of years can last less than a year a typical term of years would be created when an apartment is leased for a fixed number of months or years from the date of the lease so that the start and end dates are fixed in the lease agreement during this time the tenancy cannot be terminated unilaterally by either party at the end of the period the tenancy automatically comes to an end there is no need for either party to communicate with the other or give notice of termination note that while most terms of year's agreement set the period of tenancy by calendar dates it may also be possible to create such a tenancy by stating in the lease that the tenancy will terminate on the occurrence of an event or condition such as when the college semester ends or when a construction project is terminated a term of years does not have to specify a specific calendar date of termination to be valid however if the event or occurrence at which the lease ends is ambiguous and does not lend itself to a clear date of termination the tenancy is considered a term of years in such circumstances the tenancy may be terminated at any time even if the stated event does not occur for example in one case a campground was leased to a tenant with the stipulation that the lease would continue as long as the camp was run as a business the Supreme Court of Alabama held that such a term was not sufficiently determinate lacking a fixed end date needed to create a term of years and so could be terminated at any time periodic tenancy a periodic tenancy is a tendency which is fixed for a specific duration of time but which is automatically renewed if neither the landlord nor the tenant chooses to terminate the lease the length of time for which the tendency is automatically renewed depends on the language of the lease for example if the lease states that the property will be rented to the tenant from month to month then the lease is renewed every month until one or both of the parties decide to terminate since this is a continuation of the same tenancy the terms of the lease carry over into each successive period in which the lease is automatically renewed a periodic tenancy is created when the landlord and tenant enter into a lease which grants the tenant the right of possession and specifies a periodic schedule for rental obligations such as the monthly or yearly payment of the rent but does not fix an end date for the lease in such circumstances the tenancy will be extended for a time stated in the lease until one of the parties gives notice of termination often the terms of the lease require that such notice be given in writing for month to month or week to week tendencies a party must give notice a full period in advance and the termination must be at the end of a period for example if a week-to-week tenancy renews automatically each Sunday the party seeking to terminate has until Saturday to give notice that the upcoming period will be the last the lease will terminate at the end of the following week for year-to-year tenancies however notice of termination need not be given a full year in advance instead six months notice was required at common law and many states have shortened that period even further by statute if notice is given late the tenancy will be extended another period but will be terminated at the end of the additional period generally a periodic tenancy can only be ended as of the last day of a period although some jurisdictions permit ending the tenancy on any day provided sufficient notice is given note that a periodic tenancy can be created even if no automatic renewal provision is specified in the terms of the lease if the lease does not fix an end date but does provide for the payment of rent on an ongoing basis whether it be each month each week or each year a periodic tenancy is created similarly a periodic tenancy can be created by operation of law such as when a tenant stays past the end date of a tendency for years if the landlord allows the tenant to remain the law will treat the ongoing tenancy as a periodic tenancy alternatively if a tenant takes possession of property under an invalid lease but the tenant nevertheless offers rent and the Landlord accepts this may be considered a periodic lease under the law tenancy at will a tenancy which has no specified duration and can be terminated by either the tenant or landlord at any time is called a tenancy at will note that while this form of tenancy can be ended at any point it is considered a lease rather than a license for as long as it lasts the landlord has full rights of possession and can bring legal actions against trespassers a tenancy at will can be explicitly agreed upon as in a case where the lease conveys possession to the tenant but does not include an end date or establish when the rents are due however a tendency at-will can also result from a problem arising in the intended formation of another type of tenancy for example the law generally requires that long term leases cannot be entered into orally but must be in writing in many US states the cutoff for the written lease requirement is one year an oral agreement for a period which exceeds the length specified by law is an invalid lease however if the tenant takes possession of the property regardless of the legal status of the lease with the acquiescence of the landlord a tenancy at will is created for as long as this situation persists the tenant has all the possessory rights of any tenant including the right to exclude the landlord if the tenant subsequently pays rent and the Landlord accepts it a periodic tenancy is created at common law a tenancy at will could be terminated with no advance notice however most states have enacted statutes providing a notice requirement generally these laws mandate a 30-day notice of termination though often only the landlord and not the tenant must provide notice tenancy at sufferance the final category tenancy at sufferance concerns the tenant who wrongfully remains in possession of the leased property passed the date of a valid termination examples of such holdover tenants include a tenant who refuses to vacate after termination of a lease or a tenant who enjoyed month to month tenancy but refuses to leave despite being given timely notice of termination during the prior month in these circumstances the tenant possesses the property against the wishes of the landlord and without a valid lease agreement however since she entered the property under a valid lease a holdover tenant is not considered a trespasser and the landlord must adhere to state law regarding evictions to oust the tenant from the property alternatively the landlord has the right to hold the tenant to another term without the tenants agreement this obligates the tenant for payment of rent and states often permit higher rental rates as penalties for wrongfully out staying the lease this rule is intended to provide a disincentive to tenants who stay past the end of their lease knowing that the landlord cannot evict them immediately due to protections afforded to tenants under state eviction procedure rules in most states if the landlord chooses to hold the tenant to another term this decision gives rise to a periodic tenancy the length of the period will usually be determined based on the rental agreement as stated in the original lease so if the rent was due each month the holdover tenant will be held to a month to month tenancy and the same is true for other periods of time however regardless of the terms of the original lease the maximum period of the new term is one year note that in contemporary landlord tenant law a holdover tenant may object to being held responsible for a new term of lease on the grounds that circumstances beyond the tenants control such as an environmental disaster made it impractical for her to move out in time under this approach a tenant will be protected against being held to another term and from other financial penalties if she vacates the rental property as soon as circumstances permit for the rest of the course we'll turn to the rights and responsibilities of both parties to a lease agreement in module 2 will cover the responsibilities of the landlord and then in module 3 turned to the rights of the tenant to enforce the landlord's responsibilities in modules four and five conversely will cover the duties of the tenant and enforcement rights of the landlord