The terms of a lease are not automatically applicable, so a clause allowing a lessor to enter the premises at any time without notice or a clause granting a lessor, through legal proceedings, to recover more than legal limits is not applicable. A residential rent and a professional lease can never overlap – the lease must be one or the other and the space can generally only be used for one or the other, because zoning laws apply throughout the United States. However, these questions can be elaborated in the subletting contract and sometimes the landlord requires that the tenant be responsible for certain issues within the unit (but never in the common areas) vis-à-vis the tenant. In a residential rental situation, the questions of who is responsible for maintenance and repair are easier, but as with commercial rentals, these issues are most often discussed in the lease itself. In the absence of a concrete agreement in the tenancy agreement, the tenant is allowed to physically change premises to allow the optimal use of the land, but he must not make any modifications or damage (waste) of the property. A tenant can add telephone lines, install images and install shelves on walls, but she does not have to remove a wall to enlarge a room. Tenant obligations are the conditions that the tenant must meet in a landlord-tenant contract. Some of these obligations are defined in the lease or lease agreement, while others are included as part of the agreement between the landlord and the tenant. If the tenant has already taken possession and then discovers the title, or only then the higher title is obtained, the owner does not automatically infringe. However, if the tenant is then evicted from the building and thus deprived of the property, the landlord is in breach. Suppose the owner rents a house for ten years to a doctor, knowing that the doctor intends to open a medical practice in a part of the house, and also to know that the property is limited to residential uses. The doctor`s moving in.
The owner is not yet late. The landlord is late when a neighbour obtains an injunction against obtaining the board. But if the landlord did not know (and could not reasonably have known) that the doctor intended to use his home for an office, then the landlord would not be in default under the rental agreement, since the property could have been standardized, i.e. the use of the dwelling without compromising the tenant`s right to own.