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Marilyn Ries May 11, 2019 Lease Agreement

If you’re a landlord or property owner, your lease agreement is probably one of the most important documents you use. it is the legal agreement between you and each tenant that occupies the space you own, and therefore, it acts as the rules by which they live in that space as well as defining the repercussions should the rules be broken.

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Assign maintenance and repair duties: Your lease agreement should specify that it`s the tenant`s job to keep the unit in good shape, and that they`re responsible for any damage that they cause. Require the tenant to alert you to hazardous or defective conditions, and lay out your procedures for responding to complaints and requests. Forbid the tenant from making alterations to the unit or changing the locks without your written permission. In addition, your lease agreement should specify who`s responsible for utilities.

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Lay out the terms of tenancy: Is it a self-renewing, month-to-month lease agreement or a fixed-term, year-long lease agreement? What are the lease agreement`s start and end dates? In addition, be sure to list the property`s address and unit number.

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Right to sublet the space – if the tenant has the right to sublet the property to another person, the lease agreement should spell out those terms. Parking restrictions/rules – if the property has parking or offers parking in a designated spot, those terms should be listed in the lease agreement.

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Impose limits on occupancy: Be clear that the unit`s only legal residents are those adults whose names are on the lease agreement, plus any minor children. This gives you the right to evict any additional residents that you didn`t approve. Include a subletting clause that requires the tenant to obtain your written permission for someone else take over their lease agreement. (You can also forbid subletting altogether.)

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Set the terms for deposits and fees: How much is your security deposit? What are the terms of its use (e.g. the landlord can use it for damage repair; the tenant can`t apply it toward their rent)? When and how will the security deposit be returned at the end of the lease? Do you charge any non-returnable fees (e.g. for pets or cleaning)? Where is the deposit being held, and are you obligated to return the interest that it generates? (Check the legal requirements for your state.)

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