A Quitclaim deed allows for the transfer of a share of interest in property. What makes a quitclaim deed unique is that the grantor does not guarantee or warrant anything when transferring his or her share. The grantor may in fact not have title or interest in the property. Some common uses for quitclaim deeds are to transfer title between family members, in a divorce when one spouse will 'quitclaim' his or her interest in the family home to the other spouse for example, or to transfer real property into a trust or to a corporation.
In states that recognize community property, married spouses, and in some states, domestic partners, who acquire property during the marriage or partnership do so as community property. This means that the property is an asset of the community, and that it is owned jointly by the spouses or partners. There are no survivorship rights with regards to community property, upon death of one spouse or partner of the community property passes to the living spouse or partner and the other passes by will or intestate. Different states treat community property differently and therefore the laws of your particular state should be consulted.
This type of Deed is most often used by a couple after marriage to transfer title from one spouse to both spouses.
When a lease of real property is already in place between a landlord and tenant, the parties may desire to change a term or terms of the lease agreement. If they wish to do so they will need to document in writing the change to the original lease, and they will do this with a lease amendment. A lease is a legally enforceable agreement between two parties for the temporary use of real property.
Use this document to document the consent of both landlord and tenant to make a change or changes to a lease.
A memorandum of a lease document is typically a one-page summary of an ordinary lease agreement between a landlord and tenant. The purpose of the document is to record or memorialize a minimum amount of lease terms. For example, the names and addresses of the parties will be included, but not the rental rate or other unnecessary provisions.
Use this document to publicly record the existence of a real estate lease but leave unnecessary provisions off of the public record.
If a tenant has breached a lease agreement between landlord and tenant the landlord may want or need to notify the tenant of said breach and demand remedial action before terminating the agreement altogether.
During the course of a tenancy there may be necessary repairs to the leased premises. These repairs may be mandatory or voluntarily made by the landlord. A tenant will need to give written notification to the landlord of repairs that need to be made. This notice is to make the landlord aware of the problems and also serves as documentation of the problem should any legal issues arise from the repair situation, or the lease situation in general.
Use this document to notify a landlord of necessary repairs on a leased property.
A warranty deed is a deed in which the grantor of property makes certain guarantees to the person whom he or she is conveying the property to, the grantee. The grantor guarantees that he/she holds clear title to a piece of real estate and has the right to sell it. This guarantee extends beyond the grantor's own possession of the property, and all the way back to its origins and also guarantees the property is free from all encumbrances (except as set forth in the document), that the grantee will be able to quietly enjoy the property, and that the grantor will forever warrant and defend the title to the property against any lawful claims and demands.
In many states, tenancy in common is the default for two or more individuals taking title to the same property. Each tenant in common owns an individual share, has a right to possess the whole and may own unequal portions of the property. An owner of a share may transfer through, sale, gift, will or through intestacy, their own share and it does not disturb the other owners. The new party becomes a tenant in common with the remaining owners.
Use this document to create a deed conveying property to multiple parties who wish to take title as tenants in common, without survivorship rights.
A Notice to Perform or Quit is sent by a landlord to the tenant to give notice of one or more violations of the rental agreement between the parties. The notice gives the tenant a maximum number of days in which the tenant may cure the violations, before the landlord takes legal action.
; State law varies on the minimum number of days which a landlord may give to a tenant to cure a violation, but most states allow for this type of notice. If the tenant does not cure the violation within the given number of days this notice may be followed by an action for damages and/or to retake the property from the tenant.
A tenant is normally obligated to surrender the premises on the expiration of the lease term. However, the landlord and tenant may mutually agree to extend the original lease for an additional term without executing a new lease. This Residential Lease Extension form allows the landlord and tenant to extend the term of the original lease and revise monthly rental payments. This form should be signed by the landlord and tenant(s) of the original lease agreement prior to the expiration of the original lease.
There may be rules and restrictions regarding the execution of this document and the amount of rent that can be charged in your area. If you need assistance, please consult a local attorney.