It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. Ensure the following:

1. Before sub-letting or assigning your tenancy to someone else, do check if your lease allows you to do so. Generally, it won’t, however, in case it does, the clause will state that prior approval of your sub-tenants must be obtained from the landlord. For added measure, you can ask the landlord to add ‘approval shall not be unreasonably withheld’ to the clause.
2. Check the lease to see who is responsible for paying the utilities i.e. you or the landlord.
3. Clarify what are the landlord’s responsibilities, such as, repairs and routine maintenance e.g. shovelling the sidewalk in winter, etc. etc.
4. No doubt, there will a clause in the lease saying the landlord can put a ‘lien’ on your personal property, in case the rent is not paid or you damage the premises. To explain what a ‘lien’ means, it is a right to claim someone else’s property if any stated condition, such as non-payment, occurs. A lien clause gives the landlord the right to take your property away, without having to prove to anybody that you failed to pay rent, or that he / she has suffered a monetary loss. In other words, this clause ensures the landlord does not have to go through formal eviction proceedings. While, most courts may decide that an automatic lien provision cannot be enforced, it would be far better to play it safe and have that clause removed from your lease.
5. After the landlord has agreed to rent to you, insist on a walk-through of the premises with him / her, so that you can see the condition of the rental unit and, whether any repairs need to be carried out. Make your own checklist and get the landlord to sign and initial it with the date, as well as, signing and dating it yourself. Attach it to your lease and provide a copy to the landlord. This document may prove invaluable, if the landlord later, withholds money from your security deposit.

The best tip anyone can give a tenant / landlord is to get everything in writing, and not relying on spoken promises, such as, non-enforcement of some lease clause or the other, such as, a NO PETS provision. All concessions must be obtained in writing and must have the landlord’s signature on them. Write them in the margin or cross the clause out on the lease form, getting the landlord to initial and date the changes.

That apart, landlords should make themselves cognisant with all rules and regulations before drafting a lease, and must take all necessary precautions, such as, screening tenants and conducting background checks on prospective tenants, including ensuring all promises in the rental lease are adhered to, as their insurance for a litigation free landlord / tenant relationship. A simple click of the mouse and any landlord or property manager can visit www.e-renter.com for tenant screening and background check services. www.e-renter.com, the best tenant screening agency in America!

It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. The next step is to ensure the following:

1. Clauses in the lease relating to terminating a tenancy should be reviewed carefully. One should be aware of how much advance notice is required to be given to the landlord, and whether if you do not give notice on time, is the lease automatically extended for another term.
2. A tenant should also be aware of the consequence of holding-over i.e. not moving out on time.
3. It is also important to check your lease to see it does not contain a ‘liquidated damages clause’ that says if the lease is broken, then automatically you are under obligation to pay the landlord a stated sum of money. On his / her part, a landlord does not have to prove the actual monetary damage caused by the breach of contract, and is a provision that is very unfair to the tenant. In case, your lease contains such a clause, ask your landlord to remove it before putting your signature on it.
4. Knowing rent due dates is also important, whether there are late fees, whether there is a grace period after the due date to pay rent, without triggering late fee charges.
5. As well, you must know the security deposit requirements i.e. whether the state you live in asks for deposit to be returned with interest, including an itemized statement of deductions from the deposit, and if your lease reflects this requirement.

It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. Ensure the following:

It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. Ensure the following:

It is of vital importance for both landlords / tenants making a checklist of things to be thoroughly reviewed before signing or having a lease signed. A contract, one should understand all the clauses contained in the lease, including how they will impact one. Since, a lease is a contract, it is possible to negotiate changes to it, and if it is a pre-printed lease form, all the more reason for reviewing it very carefully, as there may be clauses that probably weigh heavily in favour of a landlord. Always, best to have a lawyer review it, before putting your signature on leases and contracts. He / she will be able to point out illegal provisions, or explain how others work, whether they are favourable or unfavourable to landlord / tenant, including suggesting changes and additional terms. Ensure the following:

1. Check to see how long the lease runs for. Typically, one year is the usual though some landlords prefer to rent month-to-month, giving both tenant and landlord greater flexibility. This kind of lease is ideal for students or those whose job requires them to move a lot.
2. Legal terms are used in leases and contracts, and a tenant may find himself / herself referred to as a ‘lessee’, while the landlord is referred to as the ‘lessor’, and the rental space is referred to as the ‘premises’ or ‘leased premises’.
3. If, you run a home-business, check to see if the lease prohibits you from doing so from your rental unit.
4. As well, a landlord may include a clause that limits the number of people who can reside on the premises.
5. And, if you have a pet, look to see if there is a NO PETS clause that prohibits you from keeping one. Best to discuss it with the landlord before signing, in case you wish to bring along Rascal or Scandal. It is just possible the landlord may agree to drop that clause.

If you are an owner of rental property, you should know how important it is for you to keep accurate and up-to-the-minute records of everything pertaining to it. You never know when you may need to refer back for ferreting out certain information for tax purposes, for avoiding discrimination claims, for preventing misunderstandings regarding property conditions, or any other some such concerns.

Record Keeping for Income Tax Deductions. As a rule, landlords should keep a log of all rental payments received from his / her tenants. Whenever, tenants pay their monthly rents, make certain you provide them with a receipt for their payment. This way, you will, not only simplify your income tax preparation, but you will also have on record any problem tenants or chronic late rent payers.

As well, you must save all receipts and documents relating to expenses incurred on your rental property, i.e. maintenance work, purchases for the property such as new fixtures, repair bills, and any cleaning costs.

Individual Tenant Records. Essentially, this area of record keeping must not be neglected, and you must maintain a separate file containing a signed copy of the tenant’s lease agreement, an initialled walk through checklist copy of their rental unit, including a record of rental payments made. This file can also be used to record and track any problems or tenant claims, including any warnings or notices issued to the tenant that should be filed here. Should you need to evict a tenant, this intensive record keeping will provide all the documentation you may require.

Current tenant phone numbers must be kept on file, as well, just in case an emergency or a problem situation arises relating to the rental unit. This is an important must, especially for absentee landlords. The file must also contain a copy of their written rental application, emergency contact information, and current reference list. If and when, a tenant leaves without paying the rent, this information will help you track them down.

Security deposit information, such as, information for any trust account established and interest paid should also be a part of the tenant’s individual file.

Damage Logs. Photograph your empty rental property before the next tenant moves in, making careful notes of any damage discovered over the course of a tenancy. Evidence such as, dated photographs or videotapes and damage logs can prove to be invaluable, if ever it needs to be proved, a tenant has damaged your property.

Property Specific Information: As well, a file containing your property deed, mortgage information, and insurance policy copies should be maintained and kept locked in a fireproof file cabinet to protect these important documents.

Computerised Solutions. And, if you are computer literate, then instead of laborious handwritten notes, you can completely automate your record keeping system, cutting down the time and effort spent on keeping rental records. However, ensure all this information is backed up, and there are printed copies of the records, as an extra safety measure.

There are many landlord specific software programs available that are designed to assist in the management of rental properties. Some of these programs can handle everything from checking references to monthly rental record keeping. So convenient are they, anyone would be tempted to give them a try.

However, while, you may use the software for tenant screening, it is a good idea to back up your findings, and avoid any mishaps or unwanted tenants by visiting www.e-renter.com for help with tenant screening and background checks, the best and only way to prevent expensive litigation or penalty charges later on.

In case, you are not already using a pre-drafted rental application form, perhaps, you would like to draft your own version. Not a bad idea, as there are a number of specific questions you should ask prospective tenants to ensure your rental property is secure in the hands of responsible individuals, who will not damage it or skip away without paying rental or damage charges. These questions will help you to determine the most suitable applicants you should rent your property to. Make certain, the rental application form includes the following questions, and ensure you get the answers in full, as under:

1. Name in full, as well as, current address. Get the applicant names in full, not just initials or monikers i.e. nicknames. What you need is their legal name, in order to conduct a background check on them or to perform due diligence. In addition, get them to fill in their current address, complete with postal code.
2. Social Security Number. If, you want to have a background or credit check run on rental applicants, you need their social security number to do so. And, before you can do so, the applicant’s permission will be required. Many landlords use a separate authorisation form for permission for conduction background or credit checks, along with their rental application form. Others include a paragraph in the rental application that states they have the applicant’s permission to conduct various checks. Bring this paragraph to the notice of your applicants and have them initial it as proof, they were informed and made aware of your intentions.Getting social security numbers is important, as they will help avoid confusion, in the event the applicant has a common name, serving to differentiate between two different individuals sharing the same name.
3. Get the names of co-tenants, roommates or family members, who will share the property. Make sure your rental application form asks for information on roommates if any, or family members who will be living on your property. You should ask the applicant to provide names in full, including the age of co-occupants, and whether they are family or simply roommates.
4. Get everyone’s rental or residence history. Ensure you have, at least, three of the applicant’s past residential addresses, as well as, the correct address and contact information of previous landlords. Also, there is no harm in asking why they left their previous address, whether the landlord was given proper notice, whose name the utilities were in, dates of residency, and whether they were evicted or asked to vacate the property.
5. Employment history. Get applicants to list information on past and current employers, including what is their current salary. Employment histories let you know if a prospective tenant is able or unable to hold down a steady job, they indicate strongly, whether the tenant could turn out to be reliable or a bad risk one. Knowing their monthly income lets you know whether they can afford the rental payments. Use the 30% guideline to charge rent, which means if your tenant earns $1,200/- a month, you can safely charge $400/- as rent.
6. Ask whether they own a vehicle. If your rental property has limited space, knowing upfront whether they own a vehicle can reduce future issues about excessive use of parking spaces. Get the make, model, and licence plate number of all cars owned by tenants and their roommates. Vehicle information will also help in determining if any tenant has sub-let your property without taking permission from you. If you come across strange vehicles parked on your property, you can refer back to this information and check if it could belong to anyone of your tenants or their listed co-occupants, or whether it belongs to a new tenant to whom your property has been sub-let.
7. Get references and emergency contact addresses / phone numbers. Their references and emergency contacts. Ask applicants to provide a minimum of three references, along with the current address and telephone number of each reference. It is also essential you have an emergency contact name, address and telephone number on record for tracking down a tenant, who has breached his / her lease or has skipped off without paying rent.

As well, your rental application form should have a section for general information. In questionnaire form, you can ask tenants to strike off, whether they have ever been served an eviction notice or a late rent complaint, as well as, any other useful information they may wish to share with you.

The right questions asked on your rental applications will assist in the selection of the best and most suitable applicants for your property. As well, to avoid any mishaps or unwanted tenants, visit www.e-renter.com for tenant screening and background check services, the best and only way to prevent expensive litigation or penalty charges later on.