What is a provision of a lease?

Most leases and rental agreements include a clause in which the tenant agrees that the premises are in habitable (livable) condition and promises to alert the landlord to any defective or dangerous condition. Tenant’s repair and maintenance responsibilities.

What is a prohibited lease provision?

Provision that the tenant agrees to pay attorney’s fees or other legal costs whenever the landlord decides to take action against the tenant even though the court determines that the tenant prevails in the action.

What is alienation clause in a lease?

A covenant in a lease determining whether the tenant can alienate the land, that is, whether there is any absolute prohibition or restriction against the tenant charging, assigning, underletting or parting with possession of the demised premises.

Are waterbeds illegal in California?

Can California landlords prohibit waterbeds in rental units? If the rental property is more than 40 years old (built before January, 1973), a landlord may legally refuse to rent to a tenant who has a waterbed. But if the building was constructed after 1973, the landlord may have to allow you to have a waterbed.

What can you charge a tenant for when they move out in California?

A landlord can deduct from the tenant’s security deposit: The cost of fixing any damages to the property caused by the tenant or the tenant’s guests. This does not include ordinary wear and tear. Unpaid rent (including rent owed if the tenant does not give the landlord the proper notice that he or she is moving out).

What is the power of alienation?

1846, provided, “the absolute power of alienation . . . is suspended when there are no persons in be- ing, by whom an absolute fee in possession can be con- veyed.” 76 Such suspension can be caused by (1) an in- destructible future interest, (2) an indestructible power, and (3) an indestructible trust.

What are alienable real rights?

The character of property that makes it capable of sale or transfer. Absent a restriction in the owner’s right, interests in real property and tangible Personal Property are generally freely and fully alienable by their nature.

Is a lease an alienation of property?

This is a generic term applicable to the various methods of transfering property from one person to another. It has been held, that under a prohibition to alienate, long leases are comprehended. ALIENATION, Estates.

What is a boilerplate lease mean?

BOILERPLATE: The Tenant has examined the premises and has entered into this Lease without any representation on the part of the Landlord as to the condition thereof.