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Many states have laws that limit the amount a landlord can ask for, how the deposit can be used, how the deposit will not be used and how the deposit will be returned after any deductions or non-returnable fees have been deducted.

You might also want to include details on where the security deposit will be held and if the landlord will pay interest on the deposit required in some states. Grounds for termination of tenancy. Landlords often include a clause stating that any violation of the lease or rental agreement by a tenant or their guests can be grounds for terminating the tenancy.

Laws for terminating a tenancy differ based on the type of lease agreement signed lease or rental agreement and by the state and in some cases the city in which the property resides.

Names and addresses of landlords. If the landlord is using a property manager or company that is authorized to receive notices on their behalf their name and address should be included also. Some states require a landlord to disclose the contact information of anyone authorized to speak on behalf of or accept payments for the property to the tenant s. Names of tenants and occupants.

Each adult who resides in the rental should be named as a tenant and sign the lease or rental agreement. By requiring all adult occupants to be official tenants allows a landlord to hold each tenant legally responsible for paying the total amount of rent and following the terms. If one of the tenants terminate their lease, landlords can legally seek the entire rent payment from any of the other tenants on the lease.

Additionally, if one of the tenants move out or violates the lease, the landlord can terminate the tenancy for all of the tenants. Keep in mind, in areas without rent control, landlords can charge any amount for their property. Rental property details. Your lease or rental agreement may include the property premises details such as storage areas, furnishings, and other amenities that are included with the rental property. Before signing a lease or rental agreement, make sure that it includes the complete address building and unit number, if applicable as well as any amenities promised.

For example, if the rental includes storage space, you will want to provide information on where it is and how to access it. Leases or rental agreements usually include a provision making the tenant responsible for keeping the rental clean and in good condition. It also obligates a tenant to reimburse their landlord to repair any damages they caused.

Term of the tenancy. The term of the tenancy is the length of time the property will be rented. A lease should include a start and end date. If it is a rental agreement usually short-term tenancies it should include a start date and renew automatically until the landlord or tenant decides to terminate. When and how landlords may enter the property.

Many state laws specify when landlords may legally enter a rental property and the amount of notice required to the tenant. Landlords will sometimes include this information in the lease or rental agreement while others might not be aware of these laws and write in illegal provisions.

Check your state and local access laws and make sure that your lease or rental agreement is compliant with them—illegal entry and tenant privacy violations typically have legal consequences. After adding all of the essential information to the lease or rental agreement, you may want to tailor it to reflect the individual aspects of your rental.

If a rule or regulation is pressing enough to you that you would want to terminate a tenancy if it was violated, be sure that it is included in the lease or rental agreement. Additional rules that are not as important can be written in a supplementary document. Here are some commonly included policies that are added to a lease or rental agreement:.

Attorney fees and court costs in a lawsuit. Some leases and rental agreements will define who pays the expenses of a lawsuit if the landlord and tenant go to court over a breach of your rental agreement or lease such as, a dispute about the security deposit. Condition of the rental unit. Leases and rental agreements customarily include a provision in which the tenant agrees that the rental is an inhabitable condition when they move in and promises to alert the landlord immediately to any dangerous conditions if they occur.

Extended absences. Some landlords require their tenants to notify them in advance of any extended absences they plan to be away from the premises. This is usually anything longer than a week. Limits on guest stay. Landlords might limit overnight guests to keep long-term guests from attaining the station of full-fledged tenants who have not been screened, approved by the landlord or listed on the lease or rental agreement.

No illegal activity. Landlords can limit their potential liability by including a clause prohibiting illegal and disruptive behavior—like using drugs, dealing drugs or causing trouble.

If the tenant is involved in any illegal activity, the landlord can terminate their tenancy. Landlords can prohibit all pets, or restrict the types allowed—with the exception of service and emotional support animals. If a rental is pet-friendly, it is helpful to include pet policies in the lease or rental agreement. Examples of this would be to write out how many pets a tenant can have, what types, breeds, and sizes of animals are allowed. Restrictions on the number of occupants. Landlords will typically set a limit to the number of people who can live in their rental property.

Federal law requires that landlords allow two people per bedroom. Restrictions on the use of the property. Landlords can prohibit or restrict smoking of any kind in their rental property. If the landlord wants to limit smoking, they should include where tenants may smoke.

State and local disclosures. Many state and local laws require landlords to disclose documentation, policies, or specific unit information to tenants prior to moving in. Since these laws vary from state to state and sometimes by city or county it is important to have your agreement looked over by a landlord-tenant attorney in your state to guarantee the correct disclosures are included in your lease.

Some disclosure laws impose heavy fines or legal ramifications to landlords if they are not followed. The only federally required landlord disclosure pertains to lead-based. Known as Title X, this disclosure is designed to protect families from exposure to lead from paint, dust, and soil.

Section of this law requires the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of housing built before Cautious landlords do not allow tenants to sublet their rental property without their written consent. The lease should state who pays for each utility that services the premises.

Generally, a landlord will cover the garbage and water. Tenants normally pay for the internet, cable, gas and electric service. It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Charging penalties instead of fees. A penalty is a means to prevent specific behavior, while the fee is intended to cover losses.

Individuals are not legally allowed to charge penalties but they can charge fees. So basically, while fees are legal, they cannot amount to a penalty. An example of this may be increasing the fee for late payments in order to punish the tenant for paying late. These penalties are not only unenforceable, but they may also violate state and local laws on landlord retaliation. Search for:.

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