Tenants And Landlords Resource Guide - Michigan State University, College Of Law Page 7
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39Creating and Terminating Tenancies
and Understanding the Lease
payments are deposited to show that the
Read the lease. Read the lease. Read the
tenant was ready, willing, and able to
lease. When most people hear the term
pay the rent – but is withholding the rent
“lease” they think of the long sheets of paper
until a certain problem is fixed that the
written in very small type which they sign
landlord is legally responsible for fixing.
when they agree to move in and rent an
Once the problem is fixed, the escrowed
apartment or house. A lease contains a
rent account will be released to the
variety of legal terms. It is important to
landlord.
recognize and know the following terms of a
• Plaintiff: A person who files a civil
lease and to understand the substance of the
agreement.
action to seek judicial relief for some
injury or damage caused in violation of
• Landlord: The party agreeing to transfer
his or her rights.
possession and use of the rental
• Defendant: A person against whom
property, usually the owner (but may
also include an agent or employee of the
relief or recovery is sought in a civil
owner, or a management company).
action.
• Tenant: The party taking possession and
THE TENANCY
use of the rental property from the
Q1 What are the types of tenancies?
landlord under a lease. A tenant’s right
to possession and use is called a
While the word “lease” refers to the
“tenancy” or “leasehold.”
written (or oral) agreement, the word
“tenancy” refers to the actual property right
• Lease (or Rental Agreement): The
a tenant receives under the lease. An owner
contract between the tenant and landlord,
may convey to another a lesser interest in
transferring possession and use of the
property, for a term less than that of the
rental property. A lease can be written or
owner’s, for valuable consideration
oral, but a written lease provides the best
(generally rent). Thereby, the owner grants
protection for both the landlord and the
another use and enjoyment of his or her
tenant.
property during the period stipulated. This
• Joint and Several Liability: If more than
creates a tenancy. In Michigan, there are
one person signs the lease as a tenant,
three types of tenancies:
the lease may state that their obligations
1. Fixed-Term Tenancy: This type of
are “joint and several.” This means that
tenancy is created when the lease agreement
each person is responsible not only for
specifies when the tenancy begins and when
his or her individual obligations, but also
it ends. It terminates automatically at the end
for the obligations of all other tenants.
of the period specified. Sometimes a written
This includes paying rent and fulfilling
lease provides that if a tenant holds over
all other terms of the lease.
after the fixed term expires, the tenancy
• Escrow Account: A bank account or
shall be considered a month-to-month
other account held by a third party,
tenancy. On the other hand, if the lease does
generally established in the name of the
not so provide, and the parties acquiesce –
tenant, into which whole or partial rent
i.e., tenant stays in possession and landlord
T e n a n t s a n d L a n d l o r d s R e s o u r c e G u i d e
Page 5
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