Termination of a Lease
1. Expiration of the lease – When the lease expires, contract ends.
2. Lack of quiet possession – If the landlord harasses the tenant, the tenant can terminate the lease. The tenant is entitled to quiet possession and
enjoyment of the property.
房客擁有安靜享受住宅, 不被干擾的權利. 房東不可過分 干擾房客的生活. 若房東違反此條款, 房客有權終止租約.
3. Repairs for habitability – Landlord must keep the rented house under a living condition where the property will not threaten tenant’s health or safety.
4. Eviction – Court order to remove a tenant because the leasing contract has been breached.
逐出 – 當房客違反租約時, 使用法律行徑逐出房客.
5. Three Day Notice To Pay Rent or quit – A letter that informs the tenant that he or she has three business days to pay all past due rent, vacate the premise or face an unlawful detainer.
3 天付房租公告 – 法庭文書告知房客有三天的時間去付 房租 (六, 日, 以及休假不算) 或者離開住宅, 不然就要收到法庭的非法佔住訴訟.
6. Unlawful Detainer – A lawsuit filed against tenants by the landlord to receive unpaid rent and acquire possession of the rented properties.
非法佔住訴訟 – 法律行徑訴訟房客非法居住.
7. Writ of possession – A court order to remove a tenant within five days period.
Writ of possession - 逐出通知送出五天後, 法庭強行逐出房客.
8. Surrender – When the tenant surrender the property back to the landlord with landlord’s consent.
9. Abandonment – When the tenant just leaves the property before lease expires without landlord’s consent.
10. Breach of conditions – When a condition on the lease has not been fulfilled, the lease can be terminated.
11. Destruction of the premises – When the property has been destroyed, the lease is terminated.
Other types of lease
1. Sale-Leaseback – When the owner sells the property and rents it back.
2. Lease-Purchase Option –When the tenant leases a property and keeps an option to purchase it in the future.
當房客租地時, 保留option 讓以後有權利去買下這塊地.
3. Graduated Lease – Rental rate varies, often based on future appraisals.
4. Gross Lease – When tenant only pays the rent.
5. Net Lease – When tenant pays the property tax, insurance, and other costs besides the rent.
房客除了付房租還要付地稅, 保險..etc (店家)
6. Percentage Lease – Commercial lease where the lease pays a percentage of the monthly gross.
1. Acceleration Clause – When the lender calls a loan (asks for the entire amount to be paid off at once.)
2. Alienation Clause (Due on sale) – When a lender calls a loan because the titled is sold or transferred to another person.
3. Assumption – When a buyer accepts the responsibility for a loan, but the seller has secondary responsibility.
承擔 – 如果買家承擔了房屋的貸款, 他就承擔了欠款的 責任, 但是賣家仍然保有第二責任.
4. Subject to – When a buyer makes payments for the loan, but does not take the responsibility. The seller remains liable for the loan.
5. Subordination Clause – When a lien holder agrees a future priority switch with other liens.
把目前的貸款放置在第二重要, 讓之後的貸款可以放在 第一重要.
6. Prepayment Penalties- When a borrower pays off the loan before the due date and receives a penalty from the lender.
如果你在規定的日期之前先把貸款付清, 你會被罰一個 提前繳納的罰款.
7. Impound Accounts – When the lender reserves money aside from the borrower to pay property tax and fire insurance.
貸款人必須要定時付的費用, 地稅, 火險..etc
8. Assignment of Rents – When a borrower defaults and the lender takes possession of the property with the responsibility for expenses and income.
當貸款人不準時付款, 貸方, 銀行接收土地的權利, 卻也必須為土地的收入支出負責.
Institutional lenders – Lenders who provide loans that are
conventional and government backed.
1. Life Insurance Companies – A lender who specializes loans that are for large commercial properties such as shopping centers.
2. Banks – A lender who finance loans for general purposes.
銀行 - 借款給任何用處.
a. First Trust Deed Loan – A loans financed for a property.
b. Construction Loans (Interim Loans) – A loan financed for construction of a property, repaid at the end when construction has completed.
銀行貸款給建築施工的錢, 等到建築施工完成, 貸款才歸還.
c. Take-Out Loans – A loan financed to pay off interim loan
還清 Interim 貸款用, 長期貸款來還清建築施工完的貸款
d. Home Improvement Loan – A loan financed for repairing or improving of a property.