Most templates are designed based on the laws in a particular area. Make sure the template would be valid and enforceable where your property is located. You can add location names to narrow your search and ensure you’re getting a template you can use. Many government agencies have “model agreements” available that you can use. These agreements are designed to comply with the law in that area.
If you’re using a model agreement produced by a government agency, check to see if you have to use the title provided, or if you can change it to suit your needs.
You may also have headings for “tenant’s responsibilities” and “landlord’s duties. " Use bold for your headings so that they’re easy to see in the document. You might also center them on their own lines.
If you’re using a template, read over the template and compare it to your list. If you have anything included on your list that isn’t covered by the template, you may need to write a new clause to cover it.
If you’re creating a form to use multiple times, you may want to simply type “tenant” and “landlord” under the lines. However, include specific names for a single-use document.
Most provisions that violate local law would simply be unenforceable in court. However, that would mean that whatever issue that provision was supposed to cover wouldn’t be covered under the lease. If an important provision, such as the amount of the rent, is unenforceable, it may render the entire lease illegal and unenforceable. Pay particular attention to laws governing deposits, your responsibilities as a landlord, and the amount of rent you can charge.
For example, if you’re renting a condominium, you typically should identify it as a condo. Condominium ownership rights are different from rights to other property. If there are zoning restrictions that might impact the rental or your tenant’s usage of the property, include those here as well.
If you’re creating a form that you intend to use multiple times, you can leave a blank for the names and fill them in later depending on the circumstances.
Your jurisdiction may have laws specifying a minimum or maximum duration for residential leases. Make sure the length of your agreement is in compliance with local laws.
Some cities have rent control ordinances that determine the maximum amount of rent you can charge for certain types of residences.
Specify when any unused deposit will be returned to the tenant after they’ve vacated the property. Under some laws, you must return any unused deposit within a specific period of time, typically 30 to 90 days after the tenant vacates the property. Some places have laws that limit the amount of money you can charge as a deposit. Check the law that applies to your property to make sure you’re not requiring a larger deposit than is allowed. Typically, 1 or 2 months’ rent is considered a reasonable deposit amount.
This portion of the lease is heavily dependent on eviction law in your jurisdiction. In many places, the law states specifically how many notices you must give the tenant before you can begin eviction proceedings, and how much time you must give them to pay.
Reserve the power not to renew the lease, unless a local ordinance forbids it. Include a clause that specifically states you reserve the right not to renew the lease for any reason, or no reason at all. Notice of 30 days is typically sufficient to end or renew a 1-year lease. If the lease is longer, you may want to require more time. For example, a 2-year lease might require 60 days notice.
Include any limitations regarding what the tenant can do to the outside of the property as well, such as planting a garden, putting up a satellite, or hanging decorations during holidays. Explain any temporary changes that the tenant can make to the property, such as painting. Typically, tenants are allowed to make these sorts of changes as long as they undo them when they move out and leave the property the same as it was when they moved in. Many leases require the tenant to maintain renter’s insurance to protect their belongings in the event of theft, fire, or other issues.
You typically have the right to enter and inspect the property at any time, although you usually must give the tenant notice beforehand (24 hours notice is usually sufficient). Some laws may specify that you can only enter the property during reasonable hours unless there is a maintenance emergency.
In most situations, a written complaint or notice is required before either you or the tenant can take any remedial measures, such as filing a lawsuit or beginning eviction proceedings. This procedure relies heavily on your local law and varies widely in different areas. Even if you used a lease in one place, don’t assume it will be legit if you rent out property in another jurisdiction.
If you are allowing the tenant to have pets, 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.
Many attorneys will offer a free initial consultation, but don’t expect them to review your lease for free. Contact several real estate attorneys to find out their rates and choose the one that best meets your needs and your budget. The attorney typically will suggest that you add a number of provisions commonly called “boilerplate. " These provisions are included in most standard lease templates. They simply govern the choice of law and how the agreement should be interpreted if you and your tenant end up in court.
