Senior Associate
Both tenants and landlords will ideally enter into a lease agreement that protects their rights and upholds their best interests in using the property. Whichever side of this relationship you find yourself on, it’s important to know both the basic elements of a lease and what the tenant is obligated to do under the contract. With the assistance of a dedicated real estate law firm, you can proceed with confidence in your lease agreement. Count on LaFountain & Wollman P.C.
Terms to Include In the Lease Agreement
If you are the landlord, you have to be mindful of including language in your lease agreement that protects your rights. You must also be careful to not include terms that are illegal. We will cover both here:
- Identifying information: The lease needs to include the name, address, and phone number of the owner. It must also include the same details for whoever is responsible for maintenance, as well as the individual to whom the tenant can give copies of notices, complaints, and court documents.
- Amount of rent: The amount of rent, when payment is due, and how payment should be made will need to be stated in the agreement. Without this important term the lease would be seriously flawed, likely unenforceable, and problematic for eviction purposes.
- Duration: How long is the lease agreement in effect? And what are the terms for renewing it? Consult with an attorney for how best to draft this language to ensure that both parties understand what happens when the original term expires.
- Security deposit: Landlords frequently require a security deposit to protect their property in the event of damage or missed payments. If the landlord receives a deposit, the lease agreement must state the amount paid as well details concerning the tenant’s rights to the money.
- No illegal terms: Be sure that illegal terms are not included in the lease agreement such as requiring a late fee if a payment is only one day late. A lease agreement may allow the landlord to charge a late fee only if a payment is 30 or more days late. We can advise as to other illegal terms to leave out.
These are by no means the only terms to include, but they are some of the basic ones. Speak with our legal team for more specific language to write into your lease agreement.
The Tenant’s Duties
Understanding the tenant’s duties will help both landlord and tenant enter into the lease agreement knowing their rights and interests are secure. In general, tenants must:
- Pay rent: Obviously, a tenant cannot simply refuse to pay rent in full, on time, and as required in the agreement. Failure to pay could result in late fees and ultimately eviction.
- Follow the rules: Landlords lease their properties under certain conditions that they expect to be followed. These may involve anything from how many individuals can occupy the property to restrictions on nuisances.
- Pay for damage beyond normal wear and tear: The tenant has to accept responsibility for any damage done to the property beyond normal wear and tear. An example might be putting a large hole in the wall.
- Allow reasonable landlord entry: The landlord may enter the property, with advance notice, to make repairs, conduct inspections, and for other limited purposes. Tenant approval is not required to address an emergency or if it appears the tenant has abandoned the property.
Drafting a Personalized Lease Agreement for Your Property
If you are a landlord wishing to lease your property to tenants, you need to know your rights and obligations as well as those of the tenant. It starts with understanding what to include or exclude from the lease agreement. Our attorneys can draft a customized agreement that meets your needs and expectations. Contact LaFountain & Wollman P.C. today to begin.