Renting a home; whether the unit is a single detached house, a two-storey apartment, a modest condominium or a swanky penthouse suite, is not as easy as everyone perceives it to be. It involves more than having money change hands every week or month, depending on what payment terms have been agreed upon by both parties. Renting a home is about working together. It’s about understanding the requirements of one another, and adapting to the codes of conduct specified by each.
In some instances, especially if the landlord and tenants have known each other for long periods of time, a gentleman’s agreement (a verbal contract) would normally suffice. However, sometimes, even the best of friends have falling outs due to money matters so, to prevent this from happening; and to clearly spell out the duties and responsibilities of each; it is still best that a formal contract be written and that these be signed by all the parties involved.
Formal contracts for properties that are rented out as private dwellings are called residential lease agreements. Not only do these specify how much the unit will be rented out, all the other terms and conditions: from the rules and regulations that shall govern the new tenant, to the responsibilities that shall be borne by the landlord, and the appropriate “penalty clauses" are to be specified in writing on this document.
Generally, there are two kinds of lease agreements, and these are based on the duration of one’s stay in the residential unit. For short-term and/or indefinite leases, the contract both parties normally use is called a month-to-month rental agreement. Long term leases, or those wherein the tenant will stay in a property for years at a time, are covered by a more comprehensive contract called a Lease Agreement.
These two contracts, the Lease Agreement and the Month-to-Month Rental Agreement, are both considered legal documents and will stand in any court of law. Thus said, it is very important that the contents of these documents are well written and easily understood, most especially by the parties involved.
In previous years, residential lease agreements could only be prepared by real estate agents or lawyers. Not only was this process time consuming, it was also an additional cost that usually had to be factored into the rental rates. Luckily, tenants and landlords no longer have to go through this tedious process as they are now able to prepare residential lease agreements by themselves by downloading an editable version from one of many real estate related websites found on the internet.
Many are apprehensive about using downloadable forms because they fear that the content and format may not necessarily conform to the standards set by local or state government offices. However, the developers of such sites have invested much time and energy to ensure that these documents, although considered somewhat generic, meet the requirements of any official business or government entity. Because these forms can be opened using any standard word processing program, the contents can easily be modified to suit the specific needs of the users.
Residential Lease Agreement Template
Know Your State/City's Laws
Your state and possibly city may very well have different property management laws. Some state's, for example, require your lease agreement to have a warning for lead based paint for older buildings. This will also help you figure out what you can and cannot include in your lease agreement.
Make Your Lease Agreement as Clear as Possible
Loose language, confusing terms, slang, short-hand, and a poorly written agreement can be misinterpreted into an interpretation that may not be in your favor.
Include the Condition of the Rental Unit
If the rental property is in good condition with no problems or damages then include that, if there are problems or damage then you need to go into specifics.
State Your Pet Policy
Include whether or not you allow pet lovers to keep a pet on the rental property. If there are exceptions or restrictions list those too, you can get into for example the size of the animal you will allow, or the type of animals you allow or don't allow.
State Your Right of Entry
Be careful though, each states requires a specific amount of time you must wait after you notify the resident(s) that you want to enter their residence.
Do You Require a Security Deposit?
If you do require a security deposit you must specifically state what is considered to be damage to the dwelling on the lease agreement. It is vital you clearly state the security deposit policy if you want to properly protect your legal right to keep that deposit.
Precisely State the Amount of Rent
Include when the rent is due and when it is considered late; this will protect you against legal recourse if the tenant is continually late. Do what you can to prevent misunderstandings.
Repairs Covered or Not Covered
It is the landlord's responsibility to provide repairs for any fixtures, heating and cooling equipment, and included appliances.
Activities you Restrict
If there is something you just absolutely cannot tolerate from your tenants then include that on your lease agreement. A code of conduct will give you the legal right to manage your property accordingly.
If the Lease Agreement is Breached What Will Happen?
State what will happen if the tenant violates the lease agreement. If you want the right to terminate the lease if the tenant breaches the agreement made then you need to state that.
Both Tom Takihi & David Fagan are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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