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PDF Editor FAQ

Housing: What are some good rental agreement boilerplates?

Are you a landlord? If so, then there probably is at least one local or state realtors' association that has a standard-form rental agreement with pro-landlord terms. Look online or at a nearby office-supply store.

What can the tenant do if he or she signed the rental agreement with the landlord post a property with an outdated picture and the renter did not realize until seeing the property that looks more run down than it is on the photo from the rental post?

Nothing. Most standard-form leases contain a provision stating that the tenant has inspected the premises and found it satisfactory.If that statement is in the rental agreement you signed then there’s nothing you can do.The only exception might be in cases of outright fraud, where a property was completely misrepresented in an act of deception.

If both tenant and landlord have lost the apartment lease (Oakland, CA), does the landlord's lease with other tenants in the building prevail? What will happen in this scenario?

A2AThe circumstances under which this question is arising are not entirely clear. What does appear to be clear, however, is that there was a written lease agreement at the time the tenancy began, but each party’s copy of that agreement has been lost. (While I can imagine T losing the agreement easily enough, it is beyond me how L lost it.)If there is a dispute between L and T which has not yet gotten to the point of litigation, then neither party can force its view of the facts on the other. Reasonable parties might agree that L’s standard form of lease agreement at the time should be considered as providing the parties’ terms and conditions, but T has no obligation to so agree.If the matter goes to litigation because T does not agree that L’s standard-form agreement was used, then the court will try to determine the lease agreement’s terms and conditions. Toward that end, the court might consider the following in rendering a judgment:What each party says about what the agreement looked like and what it contained.L’s statement that at the time the relevant tenancy began, L was using a certain form of lease agreement for every rental, which agreement would be introduced into evidence.The court’s assessment of the credibility of each witness.I consider it likely that if L is a credible witness and offers credible testimony, the court will order that L’s form of agreement be considered as providing the terms governing the L-T tenancy. However, there is no guarantee that such would be the outcome of the case.Final thoughts:The parties should try to agree on signing a new lease agreement (using L’s form of agreement) that begins today and continues for the remainder of the original lease term.L should improve its recordkeeping capabilities and procedures.L should have a relationship with an experienced landlord-tenant lawyer to whom questions such as this one can be addressed.I disagree with the answers stating that this fact situation describes a tenancy at will. There is a difference between (a) a tenancy for which there was no written agreement (tenancy at will) and (b) a tenancy for which the written agreement has been lost.

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