What’s on an Apartment Lease From Rocketlawyer.com

Residential Lease  A residential lease agreement is a legal document that outlines the rental relationship between a landlord and tenant.  It sets expectations for each party and notes consequences for failing to meet them.

Description of the Rental Property  Not only should the lease agreement note the physical address of the property, but it also should list any non-fixed items, including  refrigerator, range/oven,  dishwasher,  microwave,  Washer/dryer  water-filtration system.  Doing so protects the landlord come move-out day and the tenant if an appliance should require repair; if the lease lists it, the landlord must keep it in working order.

Names of Tenants  The rental lease agreement should include the name and signature of every adult who will live at the property, and it should be updated as necessary.  This makes each tenant responsible for the terms of the lease.  Such a setup allows a landlord to expect full rent each month no matter the turnover in roommates.  It also encourages tenants to police each other when it comes to rules and regulations, as a violation by one can result in termination of the lease agreement for all.

Duration of Lease  Whether month-to-month, annual or another length of time, lease agreements should specify their duration.

Renewal Process  A month-to-month lease typically self-renews until either the landlord or tenant gives notice of non-renewal.  Annual or longer rental lease agreements usually switch to month-to-month status at the end of the initial term.  Either way, the lease should include the process for non-renewal, including how much time either the landlord or tenant must provide, typically 30 or 60 days.

Security Deposits, Fees and Rent Payments  All required monies should be noted in the residential lease agreement, including  security deposits due upon signing  any nonrefundable cleaning, redecorating and pet fees.  The amount of rent and how, when and where payment must be made each month also should be included  information about any late fees or penalties for failed electronic payments and bounced checks  Procedure for holding, use and return of security deposits should be included in leases, as well.

Utilities  The rental lease agreement should specify who pays for each of the available utilities, including electricity, water/sewer, gas, oil, cable, Internet and garbage pickup.

HOA Fees  The landlord typically rolls any homeowners' association (HOA) fees into the total rent amount to have more control over their payment.  Non-payment of HOA fees may result in hefty fines and even liens on the rental property.  The lease agreement should note who pays the fees either way.

Use and Subletting  A lease should specify that the rental property only be used as a residence, unless the landlord agrees that the tenant may operate a business out of the property.  Whether or not the tenant may sublet, and the process for subletting if allowed, also should be noted.

Right to Entry  While the tenant has a right to privacy, the landlord may need to enter the premises to make repairs or perform inspections from time to time.  The residential lease agreement should include the notice, typically 24 hours, to be given before entry.

Repairs and Maintenance  The landlord legally must provide major repairs, but the landlord may assign responsibility for minor repairs on a case-by-case basis to the tenant per the lease agreement.  If the tenant holds responsibility for regular maintenance, such as mowing a lawn or treating a pool, the lease should specify such expectations.

Rules and Regulations  Rental lease agreements should include, whether listed in the lease or provided as a separate document, any rules and regulations the tenant must follow.  Quiet hours  Common areas  Loading/moving in  Trash removal  Appearance

Pets  Number of pets and type and breeds allowed should be specified in the lease agreement  Whether or not the tenant must purchase special liability insurance to cover any pet-related issues,  including damage done by the pet to the rental property  medical bills resulting from the pet biting someone on the property.

READ BEFORE SIGNING!  Most landlords start with a standard rental lease agreement then customize it to suit state and city laws, and particular rental situations if necessary.  No matter the situation, and whether you are a landlord or tenant, read the lease agreement word for word before signing to help avoid frustration during its term.