What are a written rental agreement and its clause?
We recommend that you have a rental agreement in place, whether you are an apartment tenant or an owner. This type of contract specifies the location of the premises, for example, a house, room, or apartment, the landlord’s and tenant’s contact information, the rent amount, and the length of the lease. It could also include who is allowed to stay and who is in charge of general maintenance. Know how to outline a proper rental agreement with this guide for free templates use the rental agreement template.
What exactly is a rental agreement?
A rental agreement is a contract between you and your tenant that defines the terms of the lease. You can have it outlined in a way that suits you because you have the contract’s content control. Most leases are for short periods, such as monthly leases, whereas leases are usually for extended periods like six months, a year, or more. If you rent a room in your home, you want to ensure that your tenant is reputable. A lease is a good idea.
What are the rights of the tenants?
When renting a property, all tenants have rights, and you must be aware of them. Tenants are entitled to the following:
- A secure and livable environment
- Confidentiality and a reasonable entry notice
- There is no discrimination.
- There are no exorbitant rental fees, security deposits, or commissions.
Keep these two rules in mind:
- It is unlawful to include a clause in the lease that violates state or federal law. Any clause that attempts to overturn a law is null and void and will not uphold in court.
- Under fair housing laws, your clauses cannot discriminate against tenants. You cannot discriminate against who can and cannot live on your property based on age, gender, race, or another factor. Your lease, for example, may not state “no children.”
Tenants should be aware of two predominant notices that landlords should be conscious. The habitability notice indicates whether or not conditions exist that jeopardize the tenant’s ability to live safely in the unit. In the event of a code violation, the landlord will notify the tenant here. The foreclosure notice informs tenants if the property is in foreclosure.
Important rental clause to include:
When you use a rental agreement template, it includes lawyer-reviewed clauses to protect your and your tenants’ rights. However, there are a few that you should carefully review to ensure that they are written correctly and comply with local laws. The following are the lease clauses to include and think about in the rental agreement:
Clause of severability:
This clause states that if a court declares a portion of the contract is invalid, the rest is always confirmed. If you addendum a new clause later, it is declared invalid due to local landlord laws. This clause ensures that the lease remains in effect.
Rent is your responsibility:
This clause states that the tenants are mutually and severally liable for the entire rent amount. Even if their flatmates refuse to pay, each renter will be held accountable for the rental amount. They live with trustworthy roommates who will pay their share of the rent on time. As a landlord, you want to ensure that your tenants pay their rent and sharing your property with reliable people. While each tenant is technically responsible for the entire amount, it’s best to inform everyone who lives in your rental property to ensure complete transparency and avoid duds down the way.
This clause says that before subletting, it requires the owner’s permission. Furthermore, if the sublet request is reasonable, the landlord cannot refuse. Use the Lawyer’s free trial to create a sublease agreement with a tenant. You can make a free rental agreement template.
Use of premises:
The “Use of premises” clause specifies how the property is maintained. First, it states that the property should be used “only for residential purposes” and not for a residence business. There may be exceptions to this rule with the owner’s permission. But in general, owners do not want the property used as a business due to the increased responsibility and uncertainty. For example, having guests or customers in the building can be more delivery personnel, noise and traffic, parking issues, and disruption to neighbors.
Furthermore, this clause states that the property may be occupied only by people listed on the lease and have requested it. The tenant is answerable for maintaining the property by not hanging things on windows, leaving litter in common areas, placing objects on paths where they could slip and harm someone, and so on.
It also affirms that the resident is not permitted to leave personal items in the common areas, such as flowerpots on the veranda. If your property has a courtyard or balcony, prevent the tenant from having more than a reasonable number of people on the platform. You preserve yourself and your residents by informing them about how they can use the property and are responsible for maintaining a protected environment.
Right to access the premises:
This clause informs your residents that you have the authority to enter the premises as long as you do so during reasonable hours and with sufficient advance notice. In an emergency, however, you may enter the unit without warning. Emergencies frequently occur when there is a conscious cause, such as a fire or an urgent maintenance issue that could damage property seriously. This clause straddles the line between the landlord’s right of access and the tenant’s right to privacy.
The tenant is required not to disturb the neighbors. Televisions, speakers, radios, and musical instruments must have a reasonable volume. The resident must adjust the overall volume coming from their apartment between 10 p.m. to 7 a.m. So that neighbors do not hear any noise.
Automatic lease renewal:
This clause renews your lease automatically. This clause is optional, so you don’t have to include it if you don’t want to. Instead of signing a new lease, the lease should automatically renew for the equivalent rental period, whether six months, one year, or as you wish. If you include this clause, make sure to notify your tenants. Better remind your resident 90 days before the tacit renewal about the renewal of the lease. It gives tenants the option of stating that they do not want to restore.
Some other clauses are there, but they are optional to add. They are termination of the lease, pet addendum, smoking addendum, renovation addendum, bed bug brochure, lead paint pamphlet. We hope this article helps to draft the rental agreement with the necessary professional to advise.