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Hi this is Brett Alderton this week's topic is landlord tenant law this falls under the gambit of real estate law one of the first things that whether you're a landlord or tenant you should consider is the term of the lease there are different ways that elyse can come into existence tenancy can be created either through a written document which is commonly referred to as a lease or rental agreement and in that rental agreement you can set out the specific length of the tenancy tenancy can also be created even if there is no written documentation in other words if a tenant moves into a property and is paying some type of compensation to stay there I didn't return obviously gets possession and use of the property then a tenancy can also be created that way there are a few other means by which a tenancy can be created but they're a little more detailed and obscure and not necessarily good for a topic of the video today if you wanted more information on that you can certainly contact us directly to discuss it but I'm going to discuss the two main types tenancies that are created now if there is no written agreement regarding of the tenancy name there's no lease or rental agreement then there is a presumption at law than it is a month to month tenancy meaning that the tendency can be terminated by either the landlord or the tenant by the simple giving of a 30-day notice meaning you have to give a notice in writing equivalent to the length of the lease which if it's a month a month is obviously 30 days the most common type is when there is some type of written lease agreement or rental agreement and that lease should contain certain information now even prior to at least being signed both parties should talk to an attorney to make sure that there are certain other documents that are provided some of those would be certain disclosures that landlord has provides such as a lead-based paint the condition of the property etc and both parties should use an inventory checklist we recommend an inventory checklist because it can set out the condition of the property at the time the tenant is taking possession so that when the tenant does in fact vacate their premises both parties can look back on the inventory checklist and determine whether or not there were any damages beyond wear and tear that the tenant would be responsible for it helps clarify those issues so that in the event of a dispute there is some type of written documentation to help clarify that the lease itself should have some very specific terms in there such as who's responsible for utilities who is responsible for making certain repairs whether or not the tenant is allowed to sublease a portion or all the property and whether there's going to be a secured deposit and.