by an expert. Often, the landlord will
provide the form of lease, in which case
the homeowner must use his professional team to scrutinize it quickly.
• Flexibility is the key. While the basic
terms and insurance provisions should
be carefully reviewed by professionals, the homeowner is justifiably looking forward to moving back to his repaired home as soon as it is ready. It
is important that the lease permit the
homeowner to terminate the lease on
30 days’ notice.
• Protection under the law. Each state
and many counties have laws that
protect the tenant in a residential
lease. Sometimes those protections
are limited in short-term leases. If the
tenant believes he may be in the new
home for more than 90 days, it may be
worthwhile to sign a year lease with
the ability to terminate on 30 days’ no-
tice. That may help the tenant reap the
benefit of statutory protections, some
of which require certain language to be
inserted in the lease.
• Remember the details. The attorney,
and sometimes the real estate agent,
can help to identify issues in the lease.
Don’t forget some of the important
topics to be addressed so they don’t
come back to bite the homeowner.
For example, the insurance provisions
should be reviewed by the insurance
agent. The repair and maintenance
provisions should be scrutinized as
well, e.g., the homeowner should not
be required to replace or repair the
roof or the HVAC systems in a three-
month temporary lease.
The process of moving to temporary
space — whether commercial or residential — will often be stressful and inconvenient; but with the right information and
team of experienced professionals, the
risks and exposures of the move can be
Steven A. Loewy, Esq. (sloewy@loewylaw.
com) is an attorney with Real Estate Counselors,
PLLC, where he focuses his practice on all
aspects of real estate law. Loewy has served
as the vice chairman of the Leasing Committee
for the American Bar Association. Chris Cramer
( ccramer@NationalInsuranceHousing.com) is
national accounts manager for National Insurance
Housing, and has been a licensed Realtor for more
than 20 years. He focuses on relocation, temporary
housing and business interruption, and other areas.
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Each state and many
counties have laws
that protect the tenant
in a residential lease.
protections are limited
in short-term leases.