Top tips for writing sound rental lease agreements
In this article we’re exploring the qualities of a legally sound rental agreement, ensuring top-tier protection when things go awry. While a contract sadly doesn’t prevent disagreements, it does help mitigate and mediate them if you find you’re in the unfortunate circumstance of needing to seek a legal decision from a judge.
At a minimum the contract should include the obvious:
- Lease start and end date
- Deposit and monthly rent amounts
- When, how, and where the rent should be paid
- Amount and criteria for late fees or returned checks
- What is included in rent, and what isn’t
- Rules and regulations for the property
- Any other legal requirements that tenants need to acknowledge prior to beginning their tenancy
When writing a lease agreement, there will almost certainly be some terms you wouldn’t think of, and disclosures you are required by law to provide to tenants, which is why it’s important to seek the advice of both a Realtor and an experienced real estate attorney. As a member of the California Association of Realtors (CAR), we use CAR contracts as a base, which are routinely revised based on the latest legal developments for state of California protocol.
It’s also important when writing a contract to contemplate a wide variety of scenarios to ensure both mutual understanding and legal coverage for landlords and tenants. Think through each situation like pets, utilities, and so forth.
For example, we also include an addendum when executing a lease that details the definitions of general wear and tear versus tenant neglect, and what types of repairs are the landlord’s responsibility. This way tenants have a solid resource, and expectations have been clearly defined to avoid confusion.
If you have any questions about drafting a lease agreement, we’d be happy to discuss it with you. Give us a call at 408-982-5977 or email us at info@rezidehome.com! A member of our staff will get back to you.