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terminology apartment guide definitions

APARTMENT: a relatively self-contained housing unit in a building which is often rented out to a family or one or more people for their exclusive use. Sometimes called a flat. Some locales have legal definitions of what constitutes an apartment.

APARTAMENTOS: Spanish = apartment

ARREARS: Overdue rent

ASSIGN: Transfer the unexpired portion of an apartment lease to a new tenant.

BEDSIT: A UK expression for a single-roomed dwelling which usually contains very sparse furniture and is very compact in design. Literally a bed and a place to sit.

CAUSE OF ACTION: Specific situation that may become the basis for a lawsuit.

CIVIL: A non-criminal legal matter. Housing and rental disputes are generally handled in civil courts.

COVENANT: Promise. Independent covenant: You must perform your obligation even if the other party does not.

CONSEQUENCES of late rent payment. This could be anything, though usually it is a fine. Some apartment leases specify how many times you can be late before there are serious consequences. When such penalties are stated, make sure to take note of the due date for rent and whether there is a grace period.

CONSTRUCTIVE EVICTION:  When unlivable conditions force a tenant out, the tenant has been constructively evicted. When a tenant is evicted in such a way, the tenant is legally allowed to stop paying rent. To do this, tenants must give notice to the landlord of the terrible conditions and move out. Because actions such as these tend to involve the courts, please talk to a legal counselor first.

DEPENDENT COVENANT: You carry out your obligation on the condition that the other party fulfills its obligation.

DEFAULT: To forfeit or lose by omission; to fail to perform a legal obligation.

DEMISED PREMISES: The apartment being rented.

DETAINER: Withholding another's property against his or her will.

DISABILITY: If You Have a Disability or someone associated with you: Have a physical or mental disability (including hearing, mobility and visual impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related Complex and mental retardation) that substantially limits one or more major life activities Have a record of such a disability or Are regarded as having such a disability your landlord may not: Refuse to let you make reasonable modifications to your dwelling or common use areas, at your expense, if necessary for the disabled person to use the housing. (Where reasonable, the landlord may permit changes only if you agree to restore the property to its original condition when you move. Refuse to make reasonable accommodations in rules, policies, practices or services if necessary for the disabled person to use the housing.

Example: A building with a "no pets" policy must allow a visually impaired tenant to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned parking must honor a request from a mobility-impaired tenant for a reserved space near her apartment if necessary to assure that she can have access to her apartment.

However, housing need not be made available to a person who is a direct threat to the health or safety of others or who currently uses illegal drugs.

disclosure

DISCRIMINATION: CFR / Code of Federal Regulations / in sale or rental of housing and other prohibited practices: As made applicable by section 803 of this title and except as exempted by sections 803(b) and 807 of this title, it shall be unlawful - (a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin. (b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin. (c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.

DISPOSSESS: Remove a person from land; the legal action brought for nonpayment of rent.

DISTRAIT proceed by distress: The rental property owner takes your personal property to force you to pay or eventually sells it to get his or her rental monies.
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DWELLING: any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

EFFICIENCY APARTMENT: Efficiency apartments are cheaper to rent than a one-bedroom apartment, because every living space--the kitchen, living room, and bedroom - are all contained in one room. The terms "studio" and "efficiency apartments" are many times interchangeably

EJECTMENT: Physical or legal eviction from land

EMURE: To take effect

ENJOYMENT: Possession or occupation of land. Quiet enjoyment: freedom from invasion of privacy by the rental property owner.

EQUAL HOUSING OPPORTUNITY: see fair housing / discrimination. FHEO

EVICTION: Depriving a person of possession of occupancy. Constructive eviction: not actually removing a tenant but making it impossible for him or her to remain because of the conditions, such as serious deterioration

FAIR HOUSING ACT: Title VIII of the Federal Civil Rights Act of 1968, as amended in 1988 (the Fair Housing Amendments Act of 1988, 42 U.S.C., section 3601, et. seq).  The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

FAMILIAL STATUS:  one or more individuals (who have not attained the age of 18 years) being domiciled with (1) a parent or another person having legal custody of such individual or individuals; or (2) the designee of such parent or other person having such custody, with the written permission of such parent or other person. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

FEDERAL FAIR HOUSING LAW : a federal law that forbids discrimination on the basis of race, color, sex, religion, or national origin in the selling or * renting of property.

GUARANTOR: A guarantor is a person who is legally obligated to pay your rent in case you are unable to. Guarantors are used when the tenants do not make enough to meet the landlord's minimum salary requirements.

GOODS AND CHATTELS: Personal property

GUEST CARD: apartment record of who recommend apartment

HABITABLE ROOM: A room in a dwelling designed, lawfully used or capable of being lawfully used for living, sleeping, cooking or eating purposes.

HANDICAP :  with respect to a person  - (1) a physical or mental impairment which substantially limits one or more of such person's major life activities, (2) a record of having such an impairment, or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

INDEMNIFY AND HOLD HARMLESS: To free from any responsibility or liability.

INURE: Take effect

LANDLORD: The owner of property, such as houses, rooms, or apartments, that is rented out to another.

LEASE: A type of legal agreement establishing a property owner-tenant relationship An agreement, usually in writing, granting possession and use of property for a set period of time in exchange for rent.  The tenant to whom the property is leased is called the LESSEE, and the landlord who owns the property is called the LESSOR.

LESSEE: Tenant

LESSOR: Rental property owner

LIABILITY: Responsibility, loss; a negative element.

MAISONETTE: an apartment / flat on two levels with internal stairs, or which has its own entrance at street level.

MARKET RATE OR NON-STABILIZED BUILDING:  With a market rate apartment, a landlord, at his own discretion, determines how much monthly rent he will charge on any given apartment.  Renewals are not guaranteed unless stated in the lease.  Introduced in 1993, "Luxury destabilization" is the newest form of a Non-Stabilized Lease.  It provides for lease-end destabilization of apartments, which rent for over $2,000.00 per month.

NOTICE TO QUIT: Notification from the apartment complex owner to tenant ordering tenant off the rental property, usually after thirty days from the first day of the rental period.

NOTICE TO VACATE: Notification from the tenant to the apartment complex owner stating the tenant's intention to leave the rental property, usually after thirty days from the first day of the rental period.

OCCUPANT:  Any person or persons over the age of 18 years in possession of the property. 

PARTIES TO A LEASE: Those who agree to abide by the provisions of a lease; typically you as a tenant, any roommates, and the apartment complex owner.

POSSESSION: Lawful occupation and use of the land, subject to protections of "quiet enjoyment."

REFERRING AGENT: company that informed you of apartment  "how did you find out about us" A recommendation made to a person leasing renting.




RESIDENTIAL PROPERTY: Land, a building or structure used, capable of being of being used, designed or intended for residential use.

*RENTING: Prohibited refuse to rent, no one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap.

RENTAL AGREEMENT: A rental agreement is a contract between a tenant and a landlord that stipulates the length of the lease, rent amount, and other terms.

REPLEVIN: Legal action to recover property that was unlawfully seized.

SECURITY DEPOSIT: A security deposit is money that the tenant pays to the landlord. It provides monetary security to the landlord, in case of damage to the apartment or failure by the tenant to comply with the agreement (such as moving out before the lease ends). The tenant receives the deposit back at the end of the lease, minus any deductions for repairs / restoration.

STUDIO APARTMENT: A self-contained unit with one main room, one bathroom, and some closet space. There is no distinct bedroom in a studio: sleeping, cooking, dining, living is all done in the main room.

SUBLET: Agreeing to permit someone to use a rental property for a term less that the full term of the apartment lease, and to be paid for that permission, original leasee is still responsible for lease.

SUMMARY PROCEEDING (to recover possession): Eviction. It is called "summary proceeding" because it is a swift and simple procedure for the apartment complex owner.

TENANT AT SUFFERANCE: A tenant who has remained in a unit after a lease or tenancy at will lease agreement has expired or was terminated

TENANT WITHOUT A LEASE: A tenant with the rental property owner's consent to occupy a premises without a lease agreement

TENANT WITH A LEASE: A tenant with a contract that allows for a certain length of occupancy at a set rent

TENEMENT a multi-unit dwelling made up of several (generally four or more) apartments (i.e. an apartment building). In the United States the connotation implies a run-down or poorly-cared-for building.

TERM OF LEASE: The length of time that a lease shall be in effect; duration of obligation 6 months - 12 months.

TO RENT  includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy premises not owned by the occupant

U.S. Department. of Housing and Urban Development (HUD)  renting   A federal agency that oversees the Federal Housing Administration and a variety of housing and community development programs.

VACANCY: apartment units which are not occupied.

WAIVER: Relinquishment of a right, agreeing to give up something to which you are entitled.

WARRANTY OF HABITABILITY: Promise that the rental property is safe and usable for residential use.

These definitions will help you make with the reading of your apartment lease. If you do not understand the terms of your apartment lease, feel free to ask questions. This is your lease agreement for your apartment, so don't sign anything you do not understand.

For leases – the length of time that the lease will be active, specified as the start and end date. This means you're obliged to pay rent and the landlord cannot rent this unit out to another during this period.
 
Must be included for your protection, make sure these pieces of information are stipulated in the lease.
The names of all the people who will be signing the lease and the landlord's name
The address of the apartment unit that is being rented.
The amount of rent and whether this is monthly,
The amount of the security deposit.
The start and end date
Signed not verbal
If not, insist that they be included.
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§ 92.001. DEFINITIONS.  Except as otherwise provided by
this chapter, in this chapter:
(1)  "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants.
(2)  "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease.
(3)  "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling.
(4)  "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age
or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant.
(5)  "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally.
(6)  "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the
lease to pay rent.

§ 92.002. APPLICATION.  This chapter applies only to the relationship between landlords and tenants of residential rental property.

§ 92.003. LANDLORD'S AGENT FOR SERVICE OF PROCESS.  (a)
In a lawsuit by a tenant under either a written or oral lease for a dwelling or in a suit to enforce a legal obligation of the owner as landlord of the dwelling, the owner's agent for service of process
is determined according to this section.
(b)  If written notice of the name and business street address of the company that manages the dwelling has been given to the tenant, the management company is the owner's sole agent for service of process.
(c)  If Subsection (b) does not apply, the owner's management company, on-premise manager, or rent collector serving the dwelling is the owner's authorized agent for service of process unless the
owner's name and business street address have been furnished in writing to the tenant.

§ 92.004. HARASSMENT.  A party who files or prosecutes a suit under Subchapter B, D, E, or F  in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100
and for attorney's fees.

§ 92.005. ATTORNEY'S FEES.  (a) A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F  may recover the party's costs of court and reasonable attorney's fees in relation to work reasonably expended.
(b)  This section does not authorize a recovery of attorney's fees in an action brought under Subchapter E or F for damages that relate to or arise from property damage, personal injury, or a criminal act.

§ 92.006. WAIVER OR EXPANSION OF DUTIES AND REMEDIES.
 (a) A landlord's duty or a tenant's remedy concerning security deposits, security devices, the landlord's disclosure of ownership and management, or utility cutoffs, as provided by Subchapter C, D, E, or G, respectively, may not be waived.  A landlord's duty to install a smoke detector under Subchapter F  may
not be waived, nor may a tenant waive a remedy for the landlord's non-installation or waive the tenant's limited right of installation and removal.  The landlord's duty of inspection and repair of smoke detectors under Subchapter F may be waived only by written agreement.
(b)  A landlord's duties and the tenant's remedies concerning security devices, the landlord's disclosure of ownership and management, or smoke detectors, as provided by Subchapter D, E, or F, respectively, may be enlarged only by specific written agreement.
(c)  A landlord's duties and the tenant's remedies under Subchapter B, which covers conditions materially affecting the physical health or safety of the ordinary tenant, may not be waived except as provided in Subsections (d), (e), and (f) of this section.(d)  A landlord and a tenant may agree for the tenant to repair or remedy, at the landlord's expense, any condition covered by Subchapter B.
(e)  A landlord and a tenant may agree for the tenant to repair or remedy, at the tenant's expense, any condition covered by Subchapter B if all of the following conditions are met:
(1)  at the beginning of the lease term the landlord owns only one rental dwelling;
(2)  at the beginning of the lease term the dwelling is
free from any condition which would materially affect the physical health or safety of an ordinary tenant;
(3)  at the beginning of the lease term the landlord has
no reason to believe that any condition described in Subdivision (2) of this subsection is likely to occur or recur during the tenant's lease term or during a renewal or extension;  and (4)(A) the lease is in writing;    
(B)  the agreement for repairs by the tenant is either underlined or printed in boldface in the lease or in a separate written addendum; (C)  the agreement is specific and clear;  and   (D)  the agreement is made knowingly, voluntarily, and for consideration.  (f)  A landlord and tenant may agree that, except for those conditions caused by the negligence of the landlord, the tenant has the duty to pay for repair of the following conditions that may occur during the lease term or a renewal or extension: (1)  damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the tenant's dwelling; (2)  damage to doors, windows, or screens;  and   (3)  damage from windows or doors left open.                                 

This subsection shall not affect the landlord's duty under Subchapter B to repair or remedy, at the landlord's expense, wastewater stoppages or backups caused by deterioration, breakage, roots, ground conditions, faulty construction, or malfunctioning equipment.  A landlord and tenant may agree to the provisions of this subsection only if the agreement meets the requirements of Subdivision (4) of Subsection (e) of this section. (g)  A tenant's right to vacate a dwelling and avoid liability under Section 92.016 or 92.017 may not be waived by a tenant or a landlord, except as provided by those sections.

§ 92.007. VENUE.  Venue for an action under this chapter is governed by Section 15.0115, Civil Practice and Remedies Code.

§ 92.008. INTERRUPTION OF UTILITIES.  (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant
unless the interruption results from bona fide repairs, construction, or an emergency.
(b)  Except as provided by Subsections (c) and (d), a landlord may not interrupt or cause the interruption of water, wastewater, gas, or electric service furnished to a tenant by the
landlord as an incident of the tenancy or by other agreement unless the interruption results from bona fide repairs, construction, or an emergency.
(c)  A landlord may interrupt or cause the interruption of electrical service furnished to a tenant by the landlord as an incident of the tenancy or by other.