Walk It Through: The Fine Print
Clauses a lease may not contain, a late fee capped at 5%, and a renewal clause the tenant has to initial.
Signing a lease, a tenant notices a clause waiving the right to a jury trial.
Two things a person in this spot might do. Picking one shows what the law says about it.
One lease and one tenant. Confession of judgment, the move in payment limit, and the deposit receipt are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Confession of judgmentA lease provision having the tenant authorize anyone to confess judgment on a claim arising out of the lease, one of the provisions a landlord may not use.
- Holding overStaying past the end of the lease or tenancy after proper notice, which leaves the tenant owing the actual damages it caused, never less than the rent apportioned for the period. A month to month tenancy takes 60 days' written notice.
- Late feeA penalty for late rent, which a lease may not set above 5% of the unpaid rent due for that rental period.
- Rent escrowThe tenant's action to pay rent into court over a defect that is a fire hazard or a serious and substantial threat to life, health or safety, once the landlord fails to repair within a reasonable time.
- Security depositA deposit of no more than the equivalent of 1 month's rent per dwelling unit, returned with simple interest within 45 days after the tenancy ends, less damages rightfully withheld.
- SpecialtyA judgment, a bond, or a note or contract under seal, on which an action has 12 years from accrual.