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Subleases
A sublease is a tenant's agreement to allow a third party (sublessee) to take over the rent and occupancy of leased premises. In a sublease, the tenant remains obligated to the landlord under the original lease, and the sublessee becomes the tenant of the original tenant. The landlord may agree to accept rent payments directly from the sublessee, although he or she is not required to do so.
Legal Research on Real Estate Law
Today, more so than ever before, non-lawyers have occasion to conduct legal research. A question involving real estate law may provide such an opportunity. The process can be quite daunting.
Real Estate Owners' Rights
An owner of real estate has the right to use the realty for any purpose and in any way that does not conflict with local statutes, ordinances, and zoning laws and any restrictive covenants. As long as the owner complies with those restrictions, the owner has the right to sell the property, to give it away by gift or by will, to exchange it, and to exclude others.
The Historic Homeowner -- State and Local Preservation Laws
The issue of historic preservation is governed by a myriad of federal, state, and local laws. Generally speaking, the purpose of preservation laws is to encourage the recognition of historic resources, as well as the preservation of those resources. Without question, historic preservation is a legitimate governmental objective. On the state and local levels, historic preservation controls may be enacted subject to the applicable constitutional constraints.
Radon Gas Tests
The existence of radon gas in a home is a health hazard. In residential real estate transactions, it is not uncommon for standard real estate contracts to contain a clause that makes the buyer's consummation of the transaction contingent upon the home passing a radon gas test.
