These are conditions you can have in your rental agreement. In your final lease, they are called “discretion clauses” in your contract. A private landlord or landlord can apply for a deposit before signing a rental agreement. It is sometimes referred to as “key money” or “holding deposit.” You must return the money as soon as the lease begins, or if you decide not to take the lease. If they do not refund you, it becomes an illegal tax, also known as a premium. The contract may also contain information about your landlord`s repair obligations. Your landlord`s repair obligations depend on the type of lease. Check your lease – it could give you more rights than your basic rights under the law. The lease is a kind of consumer contract, so it must be written in clear and understandable language. It must not contain clauses that could be “unfair.” An abusive clause is not valid by law and cannot be enforced.
This means, for example, that the rental agreement cannot: legally, a landlord must communicate in writing to a tenant all the conditions of tenancy. Our Scottish Private Residential Tenancy Agreement model can be used for this purpose. Our online model of private rental contracts is easy to use and helps an owner create a rental contract by filling out the details in an online form. A rental agreement is a contract between you and your landlord that establishes your rights to be in a rented apartment. A rental agreement exists even if there is only an oral agreement between you and your landlord. For example, at the beginning of the lease, you and your landlord agreed on the amount of rent and when it would be paid, whether it contains fuel, or if your landlord can decide who else may reside in the unit. The rights conferred on you by law always terminate the rights stated in a written or oral agreement. An agreement that indicates that you or your landlord has fewer rights than those given under common law or law is a fictitious lease. Your right or the right of your landlord to terminate a lease and your right to stay and be safe from eviction depend on the type of lease you have. Your agreement might say that you have a certain type of lease – but the type of rent you actually have might be different.