Lease clauses for landlords

Can a landlord sue a tenant if there is no lease agreement? First, define exactly what you’re leasing. Outline it and ensure it’s within local laws. How much will the rent be? In some cases, you can use it for delinquent rent charges, cleaning (in some places you need to charge a specific cleaning deposit), repairs, etc.

In addition to this, the amount of time you have to return your security deposit is also variable.

If you fail to do so, you can in some areas pay up to three times the amount owed to the tenant. Know your laws if self-managing—and abide by them. Definitely outline who can stay and for how long to avoid possible issues with unwelcome guests.

See full list on biggerpockets. One property manager placed a recently convicted felon in my property. She was actively using drugs, invited a family member who also had issues with the law to stay with her, and they did a lot of damage to my unit after multiple law enforcement calls from varying neighbors.

This one gets really complicated. It’s easy for tenants to forget to ask you to get a pet, so you want to ensure that if you aren’t pet-friendly you say so—and outline punitive actions for otherwise having a pet there. I’ve had tenants ask if they can petsit for friends.

Having minimum amounts per pet may also be helpful depending on your local laws as well. To ensure an amicable presence in the community, outlining expectations is important. Any lawn care or snow removal?

What HOA laws must they abide by? In some cities, you can get fined as the owner if your tenant doesn’t mow the grass to a certain appearance—and that’s not even including possible HOA fines. Ensure you know how much notice you need to give to enter the premises or what utilities are covered and not within the lease so the tenants can set things up ahead of time.

I have a document for early termination, as well as regular termination so tenants know what to expect when moving out. To help mitigate risk, I ask tenants to take out a renter’s insurance policy (normally very cheap, perhaps $per month) to ensure that if damages occur, they will be less upset and we can work together knowing their items at the very least will be covered by their own insurance. Lastly, a few other miscellaneous items may be helpful to include so tenants know what they need to turn in with their lease.

You may also want to write in an arbitration clause (mine does include this). The reason we need to add “be a decent human being” clauses into our leases is because not everyone is. To protect ourselves as landlords, we need to ensure even small details are written out so our tenants know what we expect of them.

Be sure your lease holds up with local laws and is clearly communicated and reviewed by the tenants. I also make them initial each page a. Therefore one clause every lease must contain is the ‘parties’ clause or, who the lease is between. While the terms of the lease agreement state the various policies, rules, and regulations that both landlord and tenant crafted and agree to comply with, the lease clauses are specifically made in order to comply with state and local laws that involve tenants and landlords.

The most important clause to landlords is the duty of the tenant to pay the rent in full and on time. Other important clauses grant the landlord the right to enforce the rules and regulations written into the lease.

Though a legal precaution, this is perhaps one of the most important clauses in a lease. Without this clause, a judge who has found one small clause to be illegal, even if accidentally so, might consider the entire lease to be void. No matter how rock-solid your lease is, you should include this clause in your lease. Further, if you don’t specify a late fee in your lease, it will be nearly impossible to charge a late fee after-the-fact.

Please check your state laws because some have statutes that require a specific “grace period” and limit the amount you can charge. Regardless, this clause should specify the exact amount of the fee, the time at which it. If you don’t outlaw subleasing, your tenants will do it when you’re not looking. Worse, you can’t penalize them for it.

You might be able to terminate the lease, but that’s not always preferable because then you have to find new tenants. I give my tenants the option to sublease, but they have to pay a one-time fee. I always prefer to allow subleasing, for a price. Further, the sublessee has to submit an application and is subject to my normal screening process and subsequent approval, only to e. In respect to a residential lease, joint and several liability means that each tenant is jointly AND individually responsible for the entire rent amount and for any damages.

It allows you to consider all tenants as a single entity, for the purposes of giving notice, serving court documents, collecting rent or suing for damages. Many states have a set list of landlord and tenant obligations, in which either party can terminate the agreement if the other doesn’t fulfill his or her duties – with proper notice. I go a step further and actually list the triggers for default in the lease, so that the tenant is aware of them.

The logic is that if I ever have to terminate the lease for a violation, the lease should back me up. As you may have notice upon default, I force the compiling of rent for the remainder of the lease. Lease renewal is a tricky thing.

Some landlords prefer an automatic renewal approach, however, I prefer not to be tied down like that. All of my fixed-term leases don’t automatically renew, however I still require a tenant to give me days notice of their intent to move out at the end of the lease. Meaning, the assumption is that they will be renewing (assuming the rent doesn’t go up too much), even though the lease doesn’t automatically renew.

It just means that we need to sign a new lease i. Though I can’t discriminate based on familial status, I can restrict the number of people based on the number of people in the initial group of tenants. Meaning, if a family of four moves in, the lease should restrict usage to only those four people. Last but not least, this clause saves the day every time I have a tenant moving out.

A few weeks before they plan to move out, I simply remind them of this lease clause and send them the “move-out cleaning instructions,” which details my expectations and suggestions to ensure they get their full deposit back. Though I think these clauses are helpful, they are not a complete lease. There only four websites that I recommend for premium, state-specific leases. LegalZoom – from $19I, nor Cozy, are NOT affiliated with any of these companies. I just think they have excellent state-specific residential lease templates.

You can read more about them on the Landlord Directory page. Congratulations on reading the whole article! At 4words, it’s about times longer than my normal. I’m curious to hear your stories.

Let me know in the comments section below. Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now! Landlord and Tenant Signatures If the lease is not signed and date it is worthless.

Continuous use clauses may specify certain days and hours in which the tenant is required to operate. Transfer of Landlord ’s Interest in the Premises. While a tenant ’s ability to operate has been disrupted by the pandemic, casualty clauses typically cover fire, floods, explosions, or similar occurrences that. Retail landlords are including pandemic language in new leases , as tenants seek protection after coronavirus shutdowns in March complicated their negotiations for rent relief. Are there particular words or provisions to watch out for before I sign?

You’ll want to avoid renting from a landlord who uses a lease with terms that attempt to take away various protections of California law. As this defense is specifically applied to leases , landlords or tenants may try to use such a defense for failure to (1) complete various obligations under a lease , such as completing any required fit-out obligations within the timeframes provided under the lease , or violation of quiet enjoyment clauses if landlords are required to close.