What clauses should I have in my lease to protect me from ‘creative’ tenants and would help me to speed up any future evictions?
monola, check with your local apartment association for leases that are ‘bullet proof’ in your county/state.
Meantime there’s enforceable lease terms and conditions, and unenforceable ones. Notwithstanding, I don’t think there is such thing as a “bullet proof lease.” There’s really only bullet proofing yourself against a tenant with nothing to lose.
Tenants with nothing to lose will riddle you with such things as breaking leases, moving without notice, tearing things up, or squatting and not paying you types of bullets.
Focus on making sure your tenants have something to lose rather than depending on ‘bullet proof’ leases.
Frankly, I prefer to rent to prospects with hiccups in their history/credit, because this naturally opens the door to get higher rents, cosigners, bigger deposits and longer terms. The cosigners and bigger deposits mostly serve as my land-lording ‘bullet proof vest’.
Thank You !!!
Be aware that some of Jay’s methods aren’t allowed in all areas. The state of KS limits what I can take for a security deposit. You really need to know the rules thoroughly before doing anything else!
Jay has some ideas for how to structure a lease in a state like mine and they are pretty good, but you have to make sure to do it right!!
IMHO, the most bulletproof lease is one that has a set of rules in the lease that are discretionary. My lease dictates that cursing at me or any aggression is grounds for immediate termination of the lease. This would be great with a problem tenant if things got nasty. Trash, broken down cars, etc are all grounds for terminatioin of the lease. You pick problem behavior or things that would make you not want to continue to rent to a person and prohibit that behavior.
Thank you all for your workable and badly needed suggestion!
The Bullet Proof Lease is that Lease! Most Leases are built assuming that the Landlord and Tenant are going to have a good relationship. Not mine! My Lease is built on experiences and facts that Tenants from hell do exist and when one comes your way, the Landlord and his property will be fully protected.
Monola, I have been a landlord for many residential properties. There really is no bulletproof lease unless you talk to your real estate association in your city and state. If you get creative and have to go to court, the state sides with the laws that are state and county laws on landlording. You can be as creative as you want but your own laws will not hold up if you ever go to court.
I agree totally. Do not try to get creative and make your own rules. If the tenant ever takes you to court, the court sides with the state laws. It is always important to keep up with what you can do and what you can’t put in the lease. Landlords who have had a lot of problems with security deposits, etc… like to add extra rules into the lease. It won’t work.
It’s best to talk to a licensed realtor in your area and ask him or her if he or she has a lease that is used.