Fixed term tenancy
Fixed-term tenancy is an agreement concluded between the landlord and tenant and is valid for an agreed-upon term. In civil law, it is the contract in which the landlord gives the subject of the lease to use for the tenant for a fixed period of time in exchange for a remuneration. The subject of the lease may be movable things, as well as real estate, or parts of things as a whole or even its component parts. Excluded from renting are consumable items as well as rights. The duration of rent has to be set in the tenancy agreement. When the date stated in the agreement arrives, the tenancy deal automatically expires[1]. Landlord and tenant do not have to do anything to end the tenancy.
In fixed-term tenancy landlord may not abolish the tenancy agreement before the expiry date, as long as the tenant pays the rent on time, or do not contravene any of the rules stated in the tenancy agreement[2]. When the fixed-term tenancy expires, it is also possible to continue renting if the parties included in the tenancy agreement agreed on the terms of extending the tenancy period[3]
Fixed-term tenancy termination
Fixed-term tenancy can be terminated only by:
- court order,
- when both, landlord and tenant agree on terminating the tenancy agreement.
To terminate the tenancy agreement another agreement should be concluded in writing and include what both sides agreed to[4]. The landlord may also claim for the damages if the tenant decides to terminate the agreement. The amount of compensation should be also stated in the agreement. The amount should cover prospecting new tenant.
Subletting
If the tenant decides to move out from the rented flat before the agreements expiration date, there is a possibility of subletting the apartment. Tenants of the flat, wishing to subrent the whole premises or part of it, should check if they have the right to do so (only the owner can freely dispose of the premises). The tenant, subletting the premises without the consent of the owner, risks to terminate the lease contract on the part of the landlord. If the tenant gets written permission from the landlord to sub-rent the apartment, the tenant will be able to subrent the property. To make the sublet legal, there also has to be drawn another sub-tenancy agreement. In this case, the tenant becomes also a landlord[5]
Footnotes
- ↑ Hallenborg M. A. (2002)., New York Tenants' Rights . Nolo, USA, p. 14/2
- ↑ Denton-Ashley G., (2013). Being a Landlord . Spiramus Press ltd, London, p. 234
- ↑ Garner S., Frith A., (2010). A Practical Approach to Landlord and Tenant. Oxford University Press, Oxford, p. 171
- ↑ Arden A., Dymond A. (2012)., Manual of Housing Law - nineth edition. Sweet & Maxwell, London, p. 87
- ↑ Landau J. (2015)., Smart Strategies for Sharing, Subletting, and Renting an Apartment. Rosen Publishing Group Inc, New York, p. 48
| Fixed term tenancy — recommended articles |
| Exclusive right to sell — Hold over tenant — Mutual Will — Tenancy At Sufferance — Vesting order — Periodic tenancy — Tenancy at Will — Incontestability clause — Lien theory |
References
- Brennan G. (2010)., Landlord and Tenant Law. Oxford University Press, Oxford.
- Clements L. M., Fairest P. B., (1996)., Housing Law: Text Cases and Mats. Cavendish Publishing, London.
- Dziewa R. (2014)., The Issue of Eviction and the Related Problems of Social Housing in the Polish Legal System. Adam Mickiewicz University Law Review, Poznan.
- Fambrough J., (2016)., Landlords and Tenants Guide. Real Estate Center, Texas.
- Hansen L., (2006)., Unfair Terms in Residential Tenancy Contracts. Tenants Union of Victoria Ltd, Fitzroy.
- Haupt K., Rockwell D., (2006)., Principles of California Real Estate. Rockwell Publishing Company, Bellevue.
Author: Michał Sznurkowski
