Creating a Rental Agreement: A Comprehensive Guide for Landlords

Renting out an apartment can be a complex task, especially for those new to the rental business. It’s crucial to have a well-written lease agreement that anticipates future situations and safeguards your rights as a landlord. While hiring a realtor is ideal, it may not be feasible for everyone. If you’re seeking tips on creating a rental agreement yourself, you’ve come to the right place. In this article, we will provide you with all the information you need to craft a rental agreement that protects your interests.

1. Pet Policy: Include a section in your rental agreement dedicated to pets. Specify whether pets are allowed on the property and, if so, outline any restrictions such as the number of pets allowed. Clearly defining your pet policy will prevent unpleasant surprises and ensure that your property is not turned into an unregulated menagerie. Remember, it is your right to set rules regarding pets, even if some may perceive it negatively.
2. Clearly State the Rules: List your expectations for tenants in a clear and concise manner. Specify that illegal activities are strictly prohibited on the premises. If you have a no-smoking policy, state it explicitly. Additionally, outline the consequences if tenants violate any of the established rules. For instance, include a provision stating that tenants are responsible for legal fees if you need to take legal action to enforce the agreement. This protects you from potential issues down the line.
3. Be Specific about Rental Terms: Ensure that your rental agreement includes the following details:

• Rental term: Specify the duration of the agreement.
• Lease start and end dates.
• Tenant(s) names: Clearly state the name(s) of the tenant(s) entering the agreement.
• Maximum number of occupants: Define the maximum number of people allowed to live in the rental property.
• Rent amount and due date: Clearly state the rent amount and specify the due date. Include information on what happens if the payment is missed.
• Security deposit: Specify the amount considered as a security deposit, as this is crucial for protecting your interests.
• Inclusion of utilities: Clearly state which utilities are included or excluded from the rent.
• Repairs and maintenance: Clarify who is responsible for repairs, when they should be addressed, and the preferred method of communication.

Don’t worry about being thorough; these details are essential for protecting yourself and avoiding potential disputes. Most lease templates cover these aspects, so you don’t need to worry about missing anything.

4. Property Access: Include a clause in your rental agreement that outlines when you, as the landlord, can access the property. State that access should be during reasonable hours and with prior notice, except in emergencies.
5. Disturbance Clause: Include a clause that ensures tenants maintain a peaceful environment for their neighbors. Specify quiet hours and any limitations on activities that may cause noise disturbances, such as loud music or excessive noise late at night.
6. Key Management: Maintain a separate document to record the keys given to tenants. Have them sign to acknowledge receipt of keys for the apartment, basement, mailbox, or garage. Include a provision stating the cost of key replacement, typically ranging from $5 to $15. If keys are lost due to a security risk, note that the tenant is responsible for the cost of lock change.
7. Visitor Duration: Specify the allowable duration for guests and visitors. Consider implementing a reasonable time frame, such as the “five-night rule,” which limits guest stays to no more than five nights per calendar month.

Legal Advice

It is strongly advised to seek professional legal guidance when crafting a lease agreement. Working with a qualified attorney specializing in landlord-tenant law ensures that your rental agreement is comprehensive, legally sound, and tailored to your specific circumstances. Their expertise will help you navigate the complexities of local laws and regulations, minimizing potential risks and protecting your rights as a landlord. So, before finalizing your lease agreement, we highly recommend consulting professional legal advice to ensure its effectiveness and adherence to all relevant legal requirements.