This section explores some of the do’s and don’ts for owners and operators in creating a lease application and requiring an application deposit. We also discuss events that could occur if an owner or operator enters a lease with a minor or another person under a legal disability. If an owner or operator enters a lease with a minor or another incompetent person, it is always better to have a parent or guardian sign the lease as well.

As shown in the article entitled “Owner or Operator’s Legal Obligations,” the owner or operator has a few obligations implied by law. Those obligations relate to possession, quiet enjoyment of the premises, and the condition of the premises upon the resident’s entry. The owner or operator also is obligated by statute to maintain certain systems of the leased premises throughout the lease term. Failure to observe these obligations can lead the courts or government agencies to provide remedies to residents.

The final subjects covered in this article concern assignment and subletting and protections for both military servicemembers and victims of domestic violence. Generally, an owner or operator may not unreasonably withhold consent for the resident to assign or sublet. Here, we discuss the issue of liability upon an assignment or subletting. Finally, military service members and victims of domestic violence receive special protections under the law that do not apply to other residents. Make sure you consider these protections and understand how they could affect your relationship with these types of residents.