Here are 8 clauses you must think about having in your rental agreement.
Landlords have many concerns regarding state specific leases and it’s highly unlikely that you can maintain your own legally correct lease according to your state laws. All apartment or house rental agreements need state specific leases that address all issues and regulations regarding that state. By joining ARPOLA as a rental property owner you will have complete access to free rental agreements for all 50 states plus the most popular landlord legal notices.
1. Is the rental term defined clearly? What happens at the end of the term?
Always list the date the lease begins and ends and the terms by which it can continue month-to-month. Here is an example:
Section #5 of the FREE rental agreement form for ARPOLA Members from US Legal Forms:
Tenant agrees to pay rent unto the Landlord during the term of this Lease in equal monthly installments of $_____________, said installment for each month being due and payable on or before the 1st day of the month, the first full rent payment under this Lease being due on the 1st day of ____________________, 20____.
Tenant agrees that if rent is not paid in full on or before the _____ day of the month, Tenant will pay a late charge of $________ as allowed by applicable Arizona law.
2. Is there a pet policy?
Pets and irresponsible owners can cause a tremendous amount of damage to your property including pet urine stains on carpeting and walls, scratched doors and woodwork, and damaged screenings or more.
3. Who pays for repairs on the property?
Some leases require the tenant to pay for repairs under $25, $30 or $35. This can be a great way to keep your tenant from calling every time something small needs to be replaced, such as a door stopper, toilet handle, door knob, etc. This practice varies from landlord to landlord. Some rental property owners don’t want the tenant to repair anything and others want them to take care of the property and only call if there is a big problem like the air conditioning unit stops working.
4. What is the late fee if the rent isn’t paid on time? What is the returned check fee?
Most landlords include a late rent policy and some will switch to money order payments if a check is returned. If a check is returned and you cannot collect from the tenant, an eviction can take weeks or months (in some states) so you may want to accept checks based on credit score or references. Section #5 of the FREE rental agreement form for ARPOLA Members from US Legal Forms covers this issue in detail.
5. If the tenant abandons the property, does the lease stipulate how the landlord will take action?
Section #20 of the FREE rental agreement form for ARPOLA Members from US Legal Forms:
Abandonment shall be defined as the absence of the Tenant from the leased premises for a period of seven (7) or more consecutive days while rent or any owing monies remain unpaid- whereupon Tenant will be considered in breach of this Lease. This definition is subordinate to, and shall not in any way impair, the rights and remedies of Landlord under this Lease or applicable Arizona law, except that in case of abandonment, Landlord or Landlord’s agents may immediately or any time thereafter enter and re-take the leased premises as provided by applicable Arizona law, and terminate this Lease without notice to Tenant.
6. Be sure appliances are listed and who’s responsible for maintenance on the appliances?
Section #10 of the FREE rental agreement form for ARPOLA Members from US Legal Forms addresses who maintains appliances.
7. Who pays for utilities? Are they required to be “on” all the time?
Most experienced landlords have encountered situations that include problems with tenants having utilities shutoff for non-payment. You don’t want the landscaping (trees, grass, plants) to die or the pool water level to become too low. Be sure your lease is clear.
Section #8 of the FREE state specific lease for ARPOLA Members from US Legal Forms:
Tenant will provide and pay for the following utilities (indicate those that apply):
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.
Landlord will provide and pay for the following utilities (indicate those that apply):
[ ] Electric, [ ] Gas, [ ] Telephone, [ ] Cable Television, [ ] Water, [ ] Garbage pick-up.
Tenant shall be responsible for contacting and arranging for any utility service not provided by the Landlord, and for any utilities not listed above. Tenant shall be responsible for having same utilities disconnected on the day Tenant delivers the leased premises back unto Landlord upon termination or expiration of this Lease.
8. Include your policy on sub-leasing
Section #12 of the FREE rental agreement form for ARPOLA Members from US Legal Forms:
Tenant expressly agrees that the leased premises nor any portion thereof shall not be assigned or sub-let by Tenant without the prior written consent of Landlord.
All of these clauses plus many others, including the Lead Paint Disclosure Requirements, are included in the FREE rental agreement forms available to ARPOLA rental property owner members as part of their membership.