Many important factors go into creating a lease that covers all the necessary rules and regulations of your property. A lease agreement is written between the landlord and the tenant that explains both the landlord and tenant’s rights and responsibilities.
Terms included in the lease
Having the names of all tenants is essential for a lease agreement and includes all adults living in the rental unit, making each tenant legally responsible for all terms agreed upon in the lease.
This agreement clearly states that each rental unit is the residence of the individuals agreed to on the lease and their minor children. This gives the tenant grounds to evict any persons who move in a relative or friend without your permission.
This states if the rental agreement is a fixed-term lease. Leases typically last a year while some rental agreements run month to month.
Security Deposits and Other Fees
Financial information such as the rent amount, security deposit and various tenant fees should be clearly stated in the lease agreement. A security deposit is money paid in advance, usually equal to the monthly rent amount, which is taken from the tenant prior to moving in the rental unit in case of damage or non-payment. It’s legally required in some states to include details of where the deposit is being held and whether interest on the deposit will be paid back to the tenant.
A portion of the lease agreement should include a tenant’s responsibilities for maintenance and repair. This includes the tenant keeping the premises sanitary and clean and paying for any damages that are created by his or her neglect. The tenant should be required to contact the landlord in case of dangerous conditions with specific details on the cause of the problem and repair requests. It’s also recommended to include any repair limitations if needed in the case of installing built-in electronics such as dishwashers or painting the walls without permission. Some landlords do not allow pets in their rental units. These special restrictions should be clearly stated in the tenant’s lease agreement.
Tenant and Landlord Rights and Responsibilities
Evictions and lease buyouts
As a landlord, sometimes it is necessary to evict unruly or damaging tenants. This communication is typically between the landlord and the tenant. Depending on the state laws and jurisdiction, a landlord must win an eviction lawsuit before any legal actions can take place. A lease “buyout” is another situation that a landlord may need to deal with when leasing to tenants. This type of situation involves the tenant paying the landlord a set sum of money to end his or her lease before the lease agreement is over. This can occur for a number of reasons, such as when the tenant is unable to make the monthly payments or the need to relocate. If the landlord agrees to the payment, they can accept the lease buyout.
Each tenant is covered under the Tenant Bill of Rights which claims that each tenant has the right to a series of factors when renting any property from a landlord.
The tenant has the right to:
have the landlord perform agreements that imposes a legal obligation to either one or both parties.
possession of the rental premises, starting at the beginning of the lease term.
quiet enjoyment without interference from the landlord.
rent a leased unit that is habitable, to be sure that the rental meets all housing codes.
not to be evicted by the landlord for practicing any of the above given rights.
The landlord must also follow strict discrimination laws. This means that the landlord may not refuse housing to any individuals because of age, race, gender, sexual orientation, disability, religion or other personal factors.
Breaking The Lease
Lease agreements cannot always be fulfilled and some tenants may need to end their lease early. ou may be able to break your lease legally if the reasoning also means that the landlord broke the rules by failing to uphold safe and sanitary conditions. Depending on the length of the lease, the tenant may be able to make a deal with the landlord that results in little or no penalties to each side involved.