I am in the process of developing my own rental lease agreement. What are some “must have” clauses that should be included in a rental agreement? Like if pets are allowed, I have a list of what dogs are labled a high liability risk by the CDC and my insurance co.
Thanks
It’s a conract…put in anything you like or want. If the tenant doesn’t agree, take it out or move on to the next tenant.
Must haves: (explain each in detail in contract)
Term, Late Fees, Return check fee, House Rules, Condition (as is), Maintenance Responsibility (landlord & tenant), Utilities, Sub-letting, Inspection, the list can go on and on.
You certainly want to have in there a statement that says if any part of your contract does not agree with your city or state law, only that part of the contract is void and nothing else.
The best thing you can do is find as many contracts as you can. Call local landlords and express interest in their property, get their contract and use what you like. Search the internet, mix and match various contract to get one that works for you. The more contracts you read the more you’ll see what landlords go through.
A few fun examples I’ve seen in my journey.
A - No pets, any pets found on property require additional rent of $1000 per day for each and every day that pet is on proptery
B - If tenant does not renew contract at end of the term tenant must pay landlord $2000
C - If any more than 2 persons reside at property for more than 2 days, a additional rental fee of $60 per day per person will apply.
Good Luck!!
Unfortunately you can’t simply put anything you want in the rental agreement. I’d check with an attorney (a local, experienced real estate attorney) to make certain you are in compliance with the Fair Housing Act, and other laws-- Federal, State, County, and municipality.
I am planning on letting an attorny look over anything I draft. I was looking for anything out of the ordinary or more detailed. Like my example. If you say you take pets. The CDC has a list of undesirable breeds of dogs that a landlord should be wary about letting into their properties.
Thanks
I personally take pets. I’ve discovered the idea that pets are going to do anything worse to your unit than your tenants will is just silly. 
I charge a large NON-REFUNDABLE fee for pets, because so many landlords knee-jerk policy is no pets that the market will bear the fee.
I do NOT allow smoking anywhere on the premises. Inside or out. It’s a fire hazard. I’m in a cold climate, and I’m not stupid. They’re going to violate the policy, so I just don’t rent to smokers. So far, it’s perfectly legal to discriminate against this minority group. ;D
Paul -
You can certainly put anything you want in a contract! You may need to justify why it’s in there if you ever have to go to court but if you want it, put it in the contract!! I would find a more open minded lawyer.
Of course you have to follow city and state law. That’s why is said…
You certainly want to have in there a statement that says if any part of your contract does not agree with your city or state law, only that part of the contract is void and nothing else.
…in my last post. I’m surprised you lawyer didn’t tell you to put that in your contract.
You’re statement (or “discovery”)…that pets are not going to do anything worse to your unit than your tenants…IS just silly.
Good Luck!!
I know you’re essentially right-- I’m not trying to start a big flame out over minor differences of opinion. I have seen some blatantly illegal leases in my time-- and truth be told you and I both know that nothing is likely to come of it in any case.
Yes, I do have the old void where prohibited, in the event of death or dismemberment you agree to hold be blameless, and so on clause.
I’m not careless in choosing tenants with pets. They will do damage, and the tenant pays for that UP FRONT. If they can afford it-- bring Fido. NO CATS, no birds, no iguanas, and NO FISH (water damage)-- same w/ water beds.
Paul -
I’m certainly not trying to blow it out of proportion or start an up-roar here. You are right…We do agree that of the 100 or so deals we do, there may only be one where we have to justify the contract in court.
And…
As you have already found, picking the right tenant is key (I’m still figuring that one out)…now if we could only pick the Fido we want!!
Good Luck!!
Quite a few years ago, I used to have a rental property in Phoenix. I had some renters apply and, being new to the game, I accepted them. They actually had a “rental resume” complete with letters of recommendation for their Doberman! The dog was GREAT!!! At least she didn’t grow dope in the back bedroom or steal the lawnmower when she left…! I wish the renters were as smart as she was!
Well, at least they paid on time and the cops never showed up to bust the “garden”!
Keith
I think a lot of life boils down to you get what you expect from people. Have you ever known a professional victim? I think we all have-- the poor persecuted soul who gets speeding tickets, their car towed, is the first to be fired, and takes the longest to find a new job, etc.
Property owners are the same way. You get those who every tenant is late with the rent and trashes the property. They spend all their time “fixing toilets at 2:00 a.m.” and the horror stories that haven’t happened directly to them happened to “someone they know” and they spend all their time talking about how rough it is.
Some of this is metaphysical, some psychological-- but the fact of the matter is that you get what you expect. If you expect poor tenants, the reality is that you will not screen out poor tenant qualities-- you’ll ATTRACT them.
When you decide that good tenants are the norm, and that some tenant behavior is not acceptable-- you will attract good tenants.
Then of course there is tenant screening. It’s not all credit score and references, either. I’ve had tenants with 720 credit scores and stellar references that defaulted, and I’ve currently got a tenant I’ve had for two years who takes better care of the place than I take of my own, and has never been late. His credit is in the 500’s.
What I’ve realized is that you can’t boil people down to a number. I have a set of really powerful questions for example that will tell me really quicly whether I need to use carrots or sticks. It’s the most critical part of my screening process.
What type of questions do you ask?
thanks