by Francis Jock

Created on: July 06, 2008   Last Updated: October 19, 2008

Prior to leasing out any of your rental units you should make sure that you completely understand the importance of having a signed lease agreement in your possession. It's a good management practice to make sure that the lease form is completely filled out and signed before a tenant moves into your rental unit. The reason for this is simply that a lease is a legal document that protects both the landlord and the tenant.

Before signing the lease agreement, however, both parties should be completely satisfied with the various clauses contained in the lease. Most leases contain standard legal language that covers the responsibilities of the landlord and the tenant during the period of time that the lease is in effect. Leases should be developed in accordance with state and local laws and shouldn't include any unreasonable or prohibited conditions.

Interpreting a Lease

Housing managed by government agencies and non-profit corporations receiving government subsidy follow strict guidelines for developing and managing their property. For the private landlord, however, creating a lease can be a bit of a mystery, yet one that is easily resolved by following a few basic rules.

At minimum, your lease should include the following items:

1. An explanation of the tenant's rights and responsibilities under the lease.

2. An explanation of rent payment and occupancy charges, if any.

3. If and when you will conduct an inspection of the apartment or unit.

4. How you will handle tenant complaints.

5. How the tenant should let you know if any repairs or maintenance are necessary. You should also explain how you will complete the work.

6. What services and facilities are available for tenants to use and enjoy.

7. Your office hours and emergency telephone numbers.

8. Anything you don't want the tenants to do, particularly in regards to storage and vehicle management.

9. Whether or not you permit guests, extended visits, and/or subletting.

10. Who is responsible for paying the rent and the names of all family members that you will permit to live there.

Many other clauses could be added to your lease form, including the all-important grounds for termination of tenancy, or eviction. You should consult with an attorney specializing in rental housing management if you wish to add more than the basic lease rule given above. You can also find many good resources at your local library or on the Internet.

Signing a Lease

Signing a lease, either as a landlord or tenant requires that full signatures, phone

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