and enjoyment of the premises. The term includes a mortgagee in possession.
ATCP 134.02(8)(8) “Person” means an individual, partnership, corporation, association, estate, trust, and any other legal or business entity.
ATCP 134.02(9)(9) “Premises” means the property covered by the lease, including not only the realty and fixtures, but also any personal property furnished with the realty.
ATCP 134.02(10)(10) “Rental agreement” means an oral or written agreement between a landlord and tenant, for the rental or lease of a specific dwelling unit or premises, in which the landlord and tenant agree on the essential terms of the tenancy, such as rent. “Rental agreement” includes a lease. “Rental agreement” does not include an agreement to enter into a rental agreement in the future.
ATCP 134.02 NoteNote: By approving an individual as a prospective tenant, a landlord does not necessarily enter into a “rental agreement” with that individual, or vice-versa. A “rental agreement: (creating a tenancy interest in real estate) arises only after the parties agree on the essential terms of tenancy, including the specific dwelling unit which the tenant will occupy and the amount of rent which the tenant will pay for that dwelling unit.
ATCP 134.02(11)(11) “Security deposit” means the total of all payments and deposits given by a tenant to the landlord as security for the performance of the tenant’s obligations, and includes all rent payments in excess of 1 month’s prepaid rent.
ATCP 134.02(12)(12) “Tenant” means a person occupying, or entitled to present or future occupancy of a dwelling unit under a rental agreement, and includes persons occupying dwelling units under periodic tenancies and tenancies at will. The term applies to persons holding over after termination of tenancy until