Tenant Removal Clauses: Contract for Real Property

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Multi-State
Control #:
US-C-CL-525-1
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Description

This sample clause is written in regards to the process of a tenant's holdover; during and after the closing of the sale of a property. Two versions are included: Seller Responsibility and Buyer Responsibility.

Tenant Removal Clauses: Contract for Real Property are provisions in a lease or rental agreement that outline the rights and responsibilities of the landlord and tenant in the event that the tenant needs to be removed from the property. These clauses typically cover topics such as the grounds for eviction, the notice period required before eviction, the process for eviction, and any other matters related to the eviction. Common types of Tenant Removal Clauses: Contract for Real Property include: — UnlawfuDetaineder Clauses: These clauses outline the process and grounds for a legal eviction, which is the process for removing a tenant who has violated the terms of the lease. — Holdover Tenant Clauses: These clauses pertain to tenants who remain in the property after the lease has expired. — Abandonment Clauses: These clauses define when a tenant can be considered to have abandoned the property and how the landlord should handle the situation. — Subletting Clauses: These clauses outline the process for a tenant to sublet the property and the landlord’s rights in this situation— - Ejectment Clauses: These clauses outline the process and grounds for evicting a tenant without a legal eviction.

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FAQ

Tenant Rights and Responsibilities ing to California landlord-tenant laws, tenants have the right to live in safe, habitable rental units, as well as sue the landlord for retaliation, withhold rent for failure to provide essential services, recover attorney's fees, and more.

The traditional transfer clause is tied to your occupation. While the exact terms of the transfer clause vary, they usually allow you to break your lease if you have to relocate a certain distance for a new job. The clause typically requires you to give 30-day notice and pay a month's rent or forfeit a month's deposit.

Even without a written and signed lease agreement between a landlord and a tenant, California law considers this tenancy to have a ?verbal agreement.? This type of agreement defaults to a month-to-month agreement and both landlord and tenants are subject to California Civil Code.

For example, consider a farm owner who gives a fellow farmer an easement to use a path on their property so that the sheep can get to a watering hole. The shepherd later sells their flock and moves out of the state, with no intention of returning.

The landlord can include you in an eviction (unlawful detainer) court case even if your name is not on the lease or rental agreement.

Abandonment is defined as the absence of the Tenants from the Property for at least consecutive days without notice to Landlord.

Your rights as a tenant in California include: Refundable security deposits. The right to information (about mold, utilities, etc.) The right to make claims in small claims court. Rent control.

Even if you don't have a lease, a California landlord can't kick you to a curb without warning. If the landlord wants you gone, he's required to give you at least 30 days' notice on a month-to-month tenancy. There are exceptions, though -- circumstances in which the landlord can give you just three days to get out.

More info

Each Resident must remove all personal belongings from their room when the Occupancy period ends or this Contract is terminated. Removal of Personal Property.Tenant agrees that the Reduction Space shall be surrendered free of all personal property of Tenant. Eviction occurs when the landlord deprives the tenant of her use or possession of the leased property (e.g. Seller agrees to provide an existing survey at his expense of the said property to the Buyer within five (5) business days following acceptance of this offer. You may evict the tenant for nonpayment of rent or for breaking any significant term of the lease. (5) No provision of this section shall be construed to grant a lien against the real property. 6. A landlord may also start the eviction process against a tenant who breaks the rules or terms of the rental agreement or causes damage to the property. A. The landlord may demand that the tenant remove the improvements within a reasonable time and re- store the property to its original condition. A landlord may also start the eviction process against a tenant who breaks the rules or terms of the rental agreement or causes damage to the property. A.

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Tenant Removal Clauses: Contract for Real Property