What You Need in Every Residential Lease Agreement
These days it's so easy to download the form for a residential lease,
there's really no excuse not to sit down and fill in the blanks. Hopefully, you
do so after a standard lease application has been approved, after
conducting the relevant tenant screening and background checks. US Legal Forms
offers a lease package specifically designed for your state,
standard residential rental lease forms, as well as more complex lease
agreements, such as triple net leases. A sample residential lease agreement may be
previewed for the landlord tenant forms and residential lease forms we
Every state has a set of statutes covering landlord and tenant law.
Therefore, the forms offered by US Legal Forms are state-specific and you can be
assured the form complies with the local law governing a residential
lease contract or lease application.
The statute of frauds is a law in each
state which makes some contracts that can't be performed within a year
unenforceable unless they are in writing. Residential lease agreements
longer than a year are unenforceable without written lease contracts under the
statute of frauds laws of most states.
The types of landlord and tenant issues covered in the residential lease
agreement offered by US Legal Forms include the following:
- The names, and addresses of the landlord/tenant, as well
as the address and number of occupants at the rental premises.
- Rent - The rental agreement should be specific about the
term of lease and how much and when rent payments are due and rights and
terms and conditions regarding late payments, late charges, etc.
- Security deposit - in some states, a statutory notice
may be required to be given to tenants regarding the security deposit.
- Term of lease - without a written residential lease
agreement, an oral month-to-month tenant will be governed by state
landlord and tenant law, often requiring a 30 day written notice
before a tenant can be evicted.
- Maintenance and repair above reasonable wear and
tear in some residential lease agreements, the tenants agree to make
repairs and deduct the cost of repair from the rent.
- Utilities rights and obligations regarding payments need
to be explained, especially in a month to month lease.
- Access by the landlord - in an emergency and for necessary
repairs, the tenant must allow the property manager access to the premises
upon giving proper written notice.
- Who agrees to carry insurance and who shall be responsible
for the premium payments.
- Terms and conditions regarding pets and extended guests
and any written permission from landlord required.
- Parking if applicable, what the tenant's expense for
parking will be, and any extra charges, along with any rules and
- Assignment and Subletting - the lease should require written
notice to and written consent from the landlord if subletting or assigning
the lease is allowed, which it often isn't.
- Rental property management rules and regulations
- Disclosures - disclosure rules vary by state for issues such as lead
paint, housing discrimination, etc.
- Legal terms related to how any future legal disputes are
to be handled.
- Termination, renewal, abandonment, and other required
landlord tenant notices - terms should clearly state how to terminate this
agreement. Automatic renewal clauses are regulated by local statutes
in some states.
A residential lease agreement is a basic landlord tenant tool that can be
downloaded and the blanks filled in within minutes. Even if you
only have a month-to-month tenancy, a residential lease agreement can help avoid
the disputes that often arise when nothing is in writing and it's merely
one person's word against the other's. It is well worth investing the time
and cost to download a simple rental agreement lease form and fill in the blanks when
it could prevent having to spend much more time and expense dealing with
landlord-tenant issues in housing court.
Do I need a written lease if the tenant is month to month?
Every landlord should have a written lease to minimize any future dispute
over the terms and conditions, or any rules or regulations. A standard lease is
just common sense business practice. Often, a state landlord and tenant
statute will require a 30 day notice to tenant in a month-to-month tenancy when
there's no written lease in force. A simple lease allows the landlord to choose
the required notice to tenant and clarify the right and obligations of tenants
under the contract.
Why do I need a lease application?
It's smart business practice to conduct tenant screening and background
checks to minimize occupancy turnover rates. There are landlord-tenant laws,
which vary by local area, covering issues such as housing discrimination and
consents to background and credit checks. Having knowledge of a potential
lessee's employment and credit history can help you predict the likelihood that
the rental applicant will default and be late of rent payments. A residential
lease form should always be preceded by a lease application. US Legal Forms
offers a residential rental lease package and residential lease forms that
comply with the laws of your state.
What is the best way to terminate a lease agreement?
The best way is to deal with lease termination in the written rental
agreement. A basic lease form will contain terms and conditions dealing with
written notice and who shall be responsible for supplying notice.
For example, it may provide that a 30 day notice is required or demand
written permission from landlord to sublet or assign the contract. In some
cases, the lease may allow a lessee to terminate this agreement based on
certain conditions, and require a fee or other rules and regulations.
How do I create a rent to own lease?
A rent-to-own lease is a basic lease agreement that also contains terms for
the sale of the rental property according to the stated terms and conditions.
It's sometimes also called a contract for deed, land contract, or lease to own
agreement. Typically, the lease term is one to a few years, but it's a matter
of negotiation between landlord and tenant. The forms offered by US Legal Forms
allow you to preview a sample lease agreement, download the form, fill in
the blanks, or also order a sample form to follow.
Are other forms needed besides the rental application and
There may be required disclosures involved, such as notices regarding
security deposits and others, depending on local law. Another common form is
the inspection report, which is used to detail the move-in condition and
support any claims for property damage and deductions from a security
deposit in the move-out inspection. In some case, a lender will want the
new tenant to sign a subordination, non-disturbance, and attornment agreement,
which generally gives the renter the right to remain in the premises in the
event of a foreclosure in exchange for keeping the lender's interest ahead in
When can a landlord increase the rent?
Generally, the landlord is bound by the terms of the residential lease
agreement until it expires. At the end of the lease term, the landlord is free
to increase rent payments, within any applicable rent control limits. In a
month to month lease, the landlord can increase rent payments at the end
of each month with the tenant's consent. If the tenant doesn't
agree to the rent increase, then the landlord can bring eviction proceedings if
What happens if I allow s renter to stay beyond an expiration of
A holdover tenant is one who stays without the landlord's consent past the
expiration of the lease. Even without your written consent, the permission from
the landlord can be waived by accepting late payment of rent or partial rent
payment. If a waiver of being behind on rent is found, it may require another
month's notice before the tenant may be evicted and may be raised as a defense
to eviction in housing court.