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Retain: A Comprehensive Guide to Its Legal Meaning and Usage
Definition & Meaning
The term retain refers to the act of holding onto something for future use or keeping it secure. Depending on the context, it can have several meanings:
To keep something intact or secure, such as a landlord retaining a security deposit.
To maintain possession or control over an item or asset.
To hire or engage the services of someone, typically by paying a retainer, as in the case of hiring a lawyer.
Table of content
Legal Use & context
In legal practice, "retain" is commonly used in various contexts, including:
Contracts: Retaining security deposits or other forms of collateral.
Employment: Retaining legal counsel or other professional services.
Property Law: Retaining rights associated with property or assets.
Users can manage related forms and procedures through resources like US Legal Forms, which provide templates drafted by attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Here are a couple of examples of how "retain" is used:
Example 1: A landlord retains a tenant's security deposit until the lease is terminated and the property is inspected.
Example 2: A business retains a law firm to handle its legal matters by paying a monthly retainer fee. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Context of Retention
California
Specific rules govern the retention of security deposits, including timelines for return.
New York
Retaining a lawyer often requires a written retainer agreement outlining fees and services.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Retain
To hold or keep something for future use.
Focuses on possession or security.
Acquire
To obtain or gain possession of something.
Involves obtaining something new rather than holding onto something already owned.
Employ
To hire someone for a service.
Specifically refers to hiring, while retain can include possession.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing to retain a service or asset, consider the following steps:
Review any agreements carefully to understand your rights and obligations.
Use resources like US Legal Forms to find templates for agreements or contracts.
If the situation is complex, consult a legal professional for tailored advice.
Find the legal form that fits your case
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