Ten Tips For Writing Incontestable Lease Agreements

By E-Renter Tenant Screening
Posted on July 5, 2006 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

The best and only way a landlord can protect his / her interests is to write out an airtight lease agreement for tenants to sign. A well-constructed agreement makes the world of difference between being stuck with a troublesome tenant and taking legal recourse to safeguard your rental property.

It would be a good idea to have a competent lawyer well-versed in landlord / tenant law review the lease agreement before you finalise it. A professional is in a better position to help you determine a landlord’s legal rights in many different situations. The following tips should be of considerable help to you in the creation of a rental agreement to protect landlords and their properties.

  1. Knowledge of the Law: Property management and landlord / tenant rights are governed by different laws in each state. A landlord should familiarise himself / herself with these laws before writing out a lease agreement. Knowledge about the law will guide you as to what can and cannot be put into a lease agreement.
  2. Clarity is top priority: Confusing legal jargon or a poorly written agreement can result in misinterpretations and may not hold up in court. A landlord’s requirements should be couched in easy-to-understand terminology even a fool may find it difficult to misconstrue.
  3. Condition of rental property should be part of the lease: Ensure that the lease contains a small paragraph saying the unit being leased out is in good condition, undamaged and there are no problems relating to it.
  4. Pet Policy: A landlord’s lease should contain a clause relating to his / her pet policy i.e. whether pets are allowed and restrictions if any regarding size and pet type. As well, if you prohibit keeping of pets on your rental property, ensure it is there in the lease.
  5. Right of Entry: Each state requires a landlord to give his / her tenant a specific amount of notice period before entering the premises. Some states have 24-hours as the minimum time requirement, while others maintain a 48 or 72-hours notice period. How much notice, you intend to give your tenant should be a clear part of the lease.
  6. Security Deposit Terms: Everything relating to the security deposit should be spelt out clearly in the lease. For example, if tenants are required to pay a deposit against damages to the property, it should be specifically stated in the lease, what is to be considered as damage to the property.
  7. Rental and Security Deposit Amounts should be clearly stated: The rent per month and amount of security deposit should be clearly stated in the rental agreement. The lease should also contain information on when the rent is to be paid and when it will be considered as late payment, including penalty charges.
  8. Maintenance and repairs, what you will or will not cover: It is a landlord’s responsibility to provide repairs for fixtures, heating and air-conditioning equipment, including appliances. However, a lease agreement can designate tenants with certain maintenance responsibilities and hold them responsible for repairs needed due to negligence or destructive tenant acts.
  9. Activity restrictions: If a landlord expects his / her tenants to follow a certain code of conduct, it should be included in the lease agreement. This will provide a clear lifestyle guideline for tenants and will take care of your interests should the tenant fail to follow the rules and restrictions laid down by you.
  10. Consequences of lease breaching should be made clear: In case, a tenant breaks the specified code of conduct or fails to pay rent on time, specify in the lease that in such cases, the landlord has the right to terminate the lease agreement and evict the tenant.

Incorporate all of the above points and you are well on your way to constructing an indisputable lease agreement that will hold up in any court of justice!

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