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ABA Family Legal Guide

Renting Residential Property

Renting Basics

Lease Clauses to Consider

If the landlord provides laundry facilities in the building at the time that the tenant signs the lease but later discontinues this service, does this violate the lease?

Maybe. Most leases provide that the tenant's use of any facility in the building outside of the apartment is a license and not a lease. These facilities include laundry in the building, storage areas, garages and parking spaces, bike rooms, swimming pools, workout rooms, and party and recreational areas. A license conveys permission to exercise a privilege in the use of the property and can be revoked by the landlord.

But state statutes or municipal ordinances may define the term "premises," which are rented to the tenant, to include the common areas of the property. In that case, the landlord cannot discontinue such services. If the landlord discontinues services that are included in the premises, the tenant probably would be entitled to a reduction in rent.

American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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