You need a written lease to document the relationship between you and your tenant.The responsibilities of the tenant and your duties to maintain the property are detailed in a basic lease.Subject to local landlord/tenant law, you can include any other rules or conditions of living on the property.You may have difficulty evicting a problem tenant if you don't have a written lease.
Step 1: You can find free templates online.
Government agencies, legal assistance companies, and nonprofits have lease agreement templates that you can use to write a lease.It's easier to start from scratch if you don't use the template verbatim.The laws in the area are what make up most templates.Make sure the template is valid and enforceable where you own the property.Adding location names will narrow your search and make sure you get a template you can use.Many government agencies have model agreements that you can use.These agreements are designed to comply with the law.
Step 2: A title is needed for the document.
It's best to keep it simple, but you can get as specific as you want with your title.You could use "Rental Agreement" or "Lease Agreement."If you're using a model agreement produced by a government agency, you should check to see if you need to use the title or change it.
Step 3: The headings are for the sections of the lease.
It is easy for you and your tenant to find information if you organize your lease under headings.You should include headings such as "property," "term," and "rent."There are headings for "tenant's responsibilities" and "landlords duties."If you want your headings to be easy to see in the document, use bold.You could center them on their own lines.
Step 4: The provisions you plan to include should be outlined.
Make a list of the issues you want your lease to address.If you're not using a template, you can easily organize them under the section headings.If you don't have enough section headings, you may need to add new ones.Take a look at the template and compare it to your list.You may need to write a new clause to cover anything that isn't covered by the template.
Step 5: There should be space for signatures at the end.
The lease must be signed by you and your tenant.If you want to have added security, you can sign the document in front of a notary.You can type "tenant" and "landlord" under the lines if you're creating a form to use multiple times.Specific names are included for a single-use document.
Step 6: Local landlord/tenant law should be checked.
All applicable laws must be complied with by your lease agreement and rental property.Depending on the location of the property, there may be local laws that apply.Provisions that violate local law can't be enforced.That would mean that the issue the provision was supposed to cover wouldn't be covered under the lease.The entire lease may be rendered illegal if the amount of rent is unenforceable.Laws governing deposits, your responsibilities as a landlord, and the amount of rent you can charge are things you should pay attention to.
Step 7: The property is covered by a lease.
Provide the address and street number of the property you're renting out.It is possible to include a description of the property if it affects ownership or legal rights.If you're renting a condominium, you should identify it as a condo.Condominium ownership rights are different from other property rights.If there are restrictions on the use of the property, include them here as well.
Step 8: The agreement should be listed with the parties.
After describing the property that is the subject of the lease, give your name and the person who will be renting it from you.Provide the name of your rental business rather than your own, if you've organized it as a corporation, LLC, or other business entity.You can leave a blank for the names if you want to use them multiple times.
Step 9: The agreement will be in effect if the length of time is set.
Depending on the length of the lease, it may be as short as 3 or 4 months or as long as several years.Provide the duration of the lease as well as the specific dates during which it will be in effect.Minimum or maximum duration may be specified in your jurisdiction's laws.The length of your agreement should be in line with local laws.
Step 10: When it is due, specify the rent to be paid.
Provide the amount of rent and the date on which it is due.A grace period for the tenant to pay the rent isn't usually required in most leases.It is possible that you include acceptable methods of payment.Rent control laws in some cities determine the maximum amount of rent you can charge.
Step 11: The amount of deposits or fees should be stated.
Deposits can be used to repair the rental unit or returned to the tenant at the end of the lease.The deposit money must be kept in an account that earns interest.When the tenant will leave the property will be specified.You must return any unused deposit within 30 to 90 days of the tenant leaving the property.There are laws that limit the amount of money you can charge.To make sure you don't have to make a larger deposit, check the law that applies to your property.A reasonable deposit amount is usually 1 or 2 months' rent.
Step 12: Discuss the consequences of late payment.
If the tenant doesn't pay the rent on time, there will be late fees and penalties.Notices will be sent to the tenant regarding late rent and when you will file for eviction.This portion of the lease is dependent on the law in your jurisdiction.In many places, the law states how many notices you must give the tenant before you can begin eviction proceedings, and how long you have to give them to pay.
Step 13: There should be provisions for renewing or ending the relationship.
Unless the tenant gives you advance notice that they are moving out, you may want to set the lease to automatically renew.You can require your tenant to give you advance notice that they want to renew.Unless a local law forbids it, reserve the power not to renew the lease.You reserve the right not to renew the lease for any reason, or no reason at all, if you include a clause.A notice of 30 days is enough to end a lease.You may need more time if the lease is longer.60 days notice is required for a 2-year lease.
Step 14: The rights and responsibilities of the tenant should be outlined.
Tenants have the responsibility to not damage or destroy the property while living in it, to notify you promptly of any maintenance issues that require your attention, and to obey all local laws while occupying your property.You should include any limitations on what the tenant can do to the outside of the property, such as planting a garden, putting up a satellite, or hanging decorations during holidays.The tenant can make temporary changes to the property, such as painting.Tenants can make these changes as long as they don't change anything when they leave the property.Tenants are required to maintain renter's insurance to protect their belongings in the event of theft, fire, or other issues.
Step 15: The landlord's rights and duties should be listed.
In your local landlord/tenant law, you have duties as the landlord.You are expected to maintain the property and make any repairs as soon as possible.You have the right to inspect the property at any time, but you have to give the tenant notice at least 24 hours in advance.You can only enter the property during reasonable hours if there is a maintenance emergency.
Step 16: There is a procedure for dealing with lease violations.
The tenant is in violation if they don't follow through with their responsibilities.If you didn't fulfill your duties as a landlord, you would be in violation of the lease.The procedures for handling a lease violation vary depending on whether the landlord or tenant is in violation.In most cases, a written complaint or notice is required before either you or the tenant can take any action, such as filing a lawsuit or beginning eviction proceedings.This procedure depends on your local law in different areas.If you rent out property in another jurisdiction, don't assume it will be legit, even if you used a lease in one place.
Step 17: Information regarding amenities or privileges should be included.
If the rental includes access to a pool or gym, it is a good idea to explain when and how they can be used in the lease.The tenant can have as many guests as they want.If you are allowing the tenant to have pets, you should specify the types of pets that are appropriate and whether you're charging a pet fee, additional deposit, or monthly "pet rent."If the property is in an area where parking is limited or assigned, state the number of parking spaces the tenant is entitled to and whether there are any passes available for guests.
Step 18: Your lease should be reviewed by an attorney.
Before you sign a lease with a tenant, you should get legal advice on the terms.In the event you have to evict the tenant, the attorney can give you some other terms that you can include, or provide you with language that will help you.Many attorneys will offer a free initial consultation, but don't expect them to review your lease for free.You can find out the rates of several real estate attorneys by contacting them.boilerplate is a number of provisions suggested by the attorney.Standard lease templates include these provisions.If you and your tenant end up in court, they govern the choice of law and how the agreement should be interpreted.