- •2.1. Introduction to property law
- •Real property law
- •2. Fee Simple
- •4. Joint Tenancy
- •5. Adverse Possession
- •10.Covenant
- •2.2. Easements.
- •The Question of Possession.
- •2.3. A law firm’s practices areas
- •Practice areas
- •What area of the law does the firm handle in addition to real property?
- •What two types of disputes are explicitly named in the text?
- •2.4. Understanding a lease or tenancy agreement
- •Apartment for rent.
- •Speaking 4. Using necessary information from the article, make out dialogues between
- •Statutory conditions
- •Договір оренди квартири
- •1. Загальні положення
- •3. Порядок передання квартири в орендне користування
- •7. Права та обов'язки орендодавця
- •8. Права та обов'язки орендаря
- •10. Відповідальність сторін за порушення договору
- •11. Підстави дострокового розірвання договору
- •Quiet enjoyment
- •A new condo tenant is causing a racket. Can a neighbour sue for disturbing the peace? you be the judge
- •Neighbours and noise
- •Позовна заява
- •2.5. Buying a house.
- •Buying a house.
- •Процедура придбання нерухомостів іспанії
- •Топ-5 найнебезпечніших операцій з нерухомістю
- •2.6. Situations.
- •2.7. Review. Language and grammar focus
- •Home is where you make it!
- •At home on a train.
- •The passive voice
- •Speaking Tasks: You are expected to speak for about three-four minutes.
- •Your house is illegal but it’s your human right.
- •Tapescripts
Speaking 4. Using necessary information from the article, make out dialogues between
you and a foreigner about cost of renting a flat or a house in Kyiv;
a real estate agent and a foreigner;
a landlord and a potential tenant.
Reading 4.
A landlord who wishes to lease property to a tenant will often consult a lawyer for assistance in drawing up a lease. A prospective tenant, on the other hand, might ask a lawyer to review the terms and conditions of a lease before entering into such an agreement. Both will require the services of legal counsel in the event of a serious dispute concerning a lease.
Ex. 2. Tick the sections or clauses you would expect to find in a lease tenancy.
Parties Term Non-competition Statutory conditions Confidentiality |
|
Rent amount and payments Acceleration Method of payment Force majeure Deposit |
|
Can you think of any other clauses and sections that are generally included in a lease?
Pre-reading task. Look at the title of the following text. What are statutory conditions? Can you think of the kinds of thing that might come under statutory conditions in a lease agreement?
Ex. 3. The text is an excerpt from a lease, setting forth the statutory conditions applying to the lease. Read it and complete the spaces (1-7) using these subheadings.
Abandonment and termination
Sub-letting premises
Entry of premises
Entry doors
Conditions of premises
Services
Good behaviour
Obligation of the tenant
Statutory conditions
The following statutory conditions apply:
1.……………….. .
The landlord shall keep the premises in a good state of repair and fit for habitation during the tenancy and shall comply with any statutory enactment or law respecting standards of health, safety or housing.
2. (a) ……………… .
Where the landlord provides a service or facility to the tenant that is reasonably related to the tenant's continued use and enjoyment of the premises such as, but not as to restrict the generality of the foregoing, heat, water, electric power, gas, appliances, garbage collection, sewers or elevators, the landlord shall not discontinue providing that service.
2. (b) ……………………… .
A tenant shall conduct him/herself in such a manner as not to interfere with the possession or occupancy of other tenants.
3.………………..
The tenant shall be responsible for the ordinary cleanliness of the interior of the premises and for the repair of damage caused by willful or negligent act of the tenant or of any person whom the tenant permits on the premises.
4.……………………..
The tenant may assign sub-let or otherwise part with possession of the premises subject to the consent of the landlord which consent will not arbitrarily or unreasonably be withheld or charged for unless the landlord has actually incurred expense in respect of the grant of consent.
5.…………………...
If the tenant abandons the premises or terminates the tenancy otherwise than in the manner permitted, the landlord shall mitigate any damages that may be caused by the abandonment or termination to the extent that a party to a contract is required by law to mitigate damages.
6.……………………..
Except in the case of an emergency, the landlord shall not enter the premises without the consent of the tenant unless:
(a) notice of the termination of the tenancy has been given and the entry is at a reasonable hour for the purposes of exhibiting the premises to prospective tenants or purchasers;
or
(b) the entry is made during daylight hours and written notice of the time of the entry has been given to the tenant at least twenty-four hours in advance of the entry.
7.…………………………
Except by mutual consent, the landlord or the tenant shall not during occupancy by the tenant under the tenancy alter or cause to be altered the lock or locking system on any door that gives entry to the premises.
Ex. 4. Where do these ideas appear in the text? Write the number of the section or sub-section in which they can be found.
Example: The landlord is not permitted to go into the flat unless the tenant agrees. 6
1.The tenant is not allowed to disturb other tenants in the building.
2.The landlord agrees that he will not stop providing the use of utilities such as gas or electricity.
3.The landlord is obliged to take advantage of any reasonable opportunity to reduce loss or damage if the tenant leaves unexpectedly.
4.The landlord is required to keep the flat in suitable condition.
5.The tenant agrees to repair anything broken by a person he has invited into the flat.
6.The landlord promises that he will not have the lock of the front entrance changed without the agreement of the tenant.
7.The tenant is permitted to rent the flat to someone else if the landlord gives him permission to do so.
8.The landlord can enter the flat if the tenant is moving out, and the landlord needs to show a new tenant around.
Ex. 5. Match these words and expressions (1-11) with their definitions (a-k).
1 2 3 4 5 6 7 8 9 10 11 |
statutory premises habitation the foregoing willful or negligent act sub-letting grant of consent abandonment mitigate damages mutual consent arbitrarily |
a b c d e f g h i j
k |
agreement of both parties what has been stated before when a tenant leases a leased property to a third party giving one's permission to something something done knowingly or carelessly minimizing any loss due to breach a piece of land, a building, or part of a building created or regulated by statutes the act of living in or occupying a place in a manner based on chance rather than being planned or based on reason leaving and no longer using a property |
Ex. 6. Match these verbs (1-4) with their synonyms (a-d), and then match the same verbs (1-4) with the nouns in the box they collocate within the text.
1 2 3 4 |
abandon terminate comply with grant |
a b c d |
cause something to end or stop give or allow something leave a place, person, or thing act in accordance with an order, set of rules or request |
consent law premises tenancy
Ex. 7. Read and translate the following text into Ukrainian.
Landlord and Tenant. Obligations of the Landlord. The landlord's obligations to tenants are: (l) to keep the rented or leased property (premises) decently habitable; and (2) not unreasonably interfere with the tenant's privacy. The landlord must ensure that common areas (parking lots, stairs, halls, sidewalks, etc.) are clean and safe, and that the structure complies with building and housing codes.
Obligations of the Tenant. The tenant's basic obligations are to: (1) use and maintain the premises in a proper manner; (2) not disturb the neighbors; and (3) timely make the rent or lease payments.
Security Deposits. Landlords often require new tenants to make a security deposit (commonly equal to one month's rent). The purpose of the deposit is to cover unpaid rent and any damage to the rental property caused by the tenant. I f the deposit is more than $50 or one month's rent (whichever is greater), and the tenant is in possession for six months or more, the landlord is required to credit the deposit with five percent interest. Within 30 days after a tenancy is ended, the landlord must refund the deposit plus interest and less valid deductions.
Rent Withholding. A tenant in a building having four or more dwelling units may withhold rent if the tenant reasonably believes the landlord has failed to live up to the landlord's obligations, or if the landlord is found to be in violation of any law or regulation affecting health or safety. In order to withhold rent, the tenant must be current in his rent payments and give the landlord 30-days' notice of his intention to withhold rent. If the problem is not fixed, the tenant may withhold rent by depositing the rent payments with the clerk of the local municipal or county court. At the direction of the court, the rent withheld may be applied to correct the problem, or the court may order the monthly rent reduced until the problem is remedied.
Writing 2. Read the following example of a Leasehold agreement and find the clauses which were mentioned in the previous texts, translate them into English.