Definitions: are as used in this lesson, unless the context is otherwise, which have been taken directly from various state statutes. For the meaning of other words and terms that may be used in this lesson, but omitted here, see our very extensive Glossary of words and terms as used in real estate investing and rental property management..
Advance rent: (a) moneys paid to the landlord to be applied to future rent payment periods, but does not include rent paid in advance for a current rent payment period. (b) money paid in advance that is not a deposit.
Building, housing, and health codes: any law, ordinance, or governmental regulation concerning health, safety, sanitation or fitness for habitation, or the construction, maintenance, operation, occupancy, use, or appearance, of any dwelling unit.
Deposit money: any money held by the landlord on behalf of the tenant, including, but not limited to, damage deposits, security deposits, advance rent deposit, pet deposit, or any contractual deposit agreed to between landlord and tenant either in writing or orally.
Dwelling unit:
(a) A structure or part of a structure that is rented for use as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household.
(b) A mobile home rented by a tenant.
(c) A structure or part of a structure that is furnished, with or without rent, as an incident of employment for use as a home, residence, or sleeping place by one or more persons.
Forcible Detainer
Every person is guilty of a forcible detainer who either:
1. By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise; or,
2. Who, in the night-time, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant. The occupant of real property, within the meaning of this subdivision, is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands.
Forcible Entry
Every person is guilty of a forcible entry who either:
1. By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property; or,
2. Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession. The "party in possession" means any person who hires real property and includes a boarder or lodger, except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code
Good faith: honesty in fact in the conduct or transaction concerned
Landlord: the owner or lessor of a dwelling unit.
Lease: any written agreement, or oral if for less than one year, for the occupancy of residential premises. See Rental Agreement.
Normal wear and tear: deterioration which occurs, based upon the use for which the rental unit is intended, without negligence, carelessness, accident, or abuse of the premises or equipment or chattels by the tenant or members of his household, or their invitees or guests. (See examples)
Premises: a dwelling unit; the structure of which is a part and a mobile home lot and the appurtenant facilities and grounds, areas and facilities; property held out for the use of tenants generally
Residential premise: home or apartment containing sleeping, bathing and eating facilities is a "residential premise".
Rent: the periodic payments due the landlord from the tenant for occupancy under a rental agreement and any other payments due the landlord from the tenant as may be designated as rent in a rental agreement.
Rental agreement: means any written agreement, or oral agreement if for less duration than 1 year, providing for use and occupancy of premises. See Lease.
Security deposits: (a) Any moneys held by the landlord as security for the performance of the rental agreement, including, but not limited to, monetary damage to the landlord caused by the tenant's breach of lease prior to the expiration thereof. (b) Any advance or deposit of money, regardless of its denomination, the primary function of which is to secure the performance of a rental agreement for residential premises or any part thereof.(See your state law for variations on the definition.)
Service of Notice: notices required by landlord tenant law are normally served either: (See your state law for variations on the definition.)
1. By delivering a copy to the tenant personally; or,
2. If absent from their place of residence and from their usual place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy through the mail addressed to the tenant at his place of residence; or, if such place of residence and business can not be ascertained, or a person of suitable age or discretion can not be found there, then by affixing a copy in a conspicuous place on the property, and also delivering a copy to a person there residing, if such person can be found; and also sending a copy through the mail addressed to the tenant at the place where the property is situated. Service upon a subtenant may be made in the same manner. NOTE: Some states require personal service for a Money Judgment.
Tenant: any person entitled to occupy a dwelling unit under a lease or rental agreement. ( A Michigan court has held that a tenant is someone who pays rent to occupy property.)
Unlawful Detainer: A tenant of real property, for a term less than life, is guilty of an unlawful detainer:
1. When he continues in possession, in person or by subtenant, of the property, or any part thereof, after the expiration of the term for which it is let to him, without the permission of his landlord, or the successor in estate of his landlord, if any there be; but in case of a tenancy at will, it must first be terminated by notice, as prescribed in law.
2. Where he continues in possession, in person or by subtenant, without permission of his landlord, or the successor in estate of his landlord, if any there be, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and after the statutorily proscribed number of days' notice, in writing, requiring its payment, stating the amount which is due, or possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Such notice may be served at any time (See state law) after the rent becomes due.
3. Where he continues in possession in person, or by subtenants, after a neglect or failure to perform other conditions or covenants of the lease or agreement under which the property is held, including any covenant not to assign or sublet, than the one for payment of rent, and the statutorily proscribed number of days' notice, in writing, requiring the performance of such conditions or covenants, or the possession of the property, shall have been served upon him, and if there be a subtenant in actual occupation of the premises, also upon such subtenant. Within the statutorily proscribed number of days after the service of the notice, the tenant, or any subtenant in actual occupation of the premises, or any mortgagee of the term, or other person interested in its continuance, may perform the conditions or covenants of the lease, or pay the stipulated rent, as the case may be, and thereby save the lease from forfeiture: provided, if the covenants and conditions of the lease, violated by the lessee, can not afterward be performed, then no notice, as last prescribed herein, need be given to said lessee or his subtenant demanding the performance of the violated covenant or conditions of the lease. A tenant may take proceedings similar to those prescribed in law, to obtain possession of premises let to an undertenant, in case of his unlawful detention of the premises underlet to him.
4. A tenant or subtenant, assigning or subletting, or committing waste upon, the demised premises contrary to the covenants of his lease, thereby terminates the lease, and the landlord, or his successor in estate, shall, upon service of the statutorily proscribed number of days' notice to quit upon the person or persons in possession, be entitled to restitution of possession of such demised premises under the provision of the state statute.