Common use of Promote Yourself Clause in Contracts

Promote Yourself. Use the positive aspects of yourself to your advantage. This could include a high credit score, solid references from past landlords, job status, financial statements, no criminal record, etc. (This will typically be verified by the landlord anyway using a rental application.) Compromise – Remember, negotiating isn’t about trying to get everything you want and leaving the other party with nothing. You will probably have no success with that type of approach. Rather, the goal should be to meet somewhere in the middle. (You have to give a little in order to receive.) For Landlords: Analyze your Property – In order to negotiate with prospective tenants, you must first know the value of your rental property. Is it in high demand? Does it have unique features and a good location? What are similar rental properties going for? Have you had a lot of interested parties contacting you about the property? These are all selling points that can be brought up when speaking to a potential renter who is trying to get a discount. Knowing the positive aspects of your rental is the best leverage you can have when trying to secure a profitable monthly rent and the terms & conditions you desire. Can a Landlord Break a Lease? The answer to this question is subject to the content of the lease. Given this information, the landlord may have the following options: Termination Clause – If the landlord inserted an “early termination” provision that allows them to end the occupancy as long as a certain number of days’ notice is delivered to the tenant, then they will be able to break the lease accordingly. Tenant Violation – If the tenant has violated one of the conditions contained within the lease agreement, then the landlord may reserve the right to legally end the tenancy without penalty. But, if the agreement does not contain an out for the landlord and the tenant has held up their end of the bargain, the laws will protect the tenant and they will be able to continue residing within the property until the expiration of the contract. Can a Landlord Change the Lease After it is Signed? The only possible way that a landlord would be able to change the terms of the rental contract after both parties have signed the document would be to create an addendum with the supplementary terms and have both parties sign the form. If the tenant doesn’t agree to the new terms and refuses to sign the addendum, then the landlord has no other option than to follow through with the conditions of the primary agreement. What are Lessees and Lessors? This is the basic terminology used when entering into a lease agreement. Basically, the lessee is the tenant entering into the contract, and the lessor is landlord renting out the property. It is important to know these terms as they are prominently used in most contracts for the rental of a property. Sample Residential Lease Agreement Download: Adobe PDF, MS Word (.docx) A standard residential lease agreement (or “rental agreement”) is a written document between a landlord and tenant that formalizes an agreement to rent real property for a fee. The contract must include specific details such as the monthly rent and the responsibilities of each party. Types of Lease Agreements A lease is a legally binding agreement between the landlord and tenant. The agreement allows a tenant to use the property in exchange for a rent payment. Standard/Fixed Term – The most common lease agreement is a fixed term agreement, typically payment is due every month, and the lease term is generally one year or a fixed lease period. Month-to-Month – An agreement which typically lasts for 30 days and usually involves an automatic lease renewal. The lease will continue until a tenant or landlord provide a notice to end the tenancy. One Page (Simple) – A simple, one-page agreement between the landlord and tenant for a fixed term. Sublease– This agreement can be constructed in two ways: a tenant who wants to end their lease early, but the landlord denies the early termination and instead decides to rent to a subtenant until the expiration of the lease; or a tenant who wants to remain in the dwelling unit while renting a room to a subtenant. Roommate– This agreement is designed for tenants who live in the same dwelling unit and share common areas. This type of agreement can be constructed in two ways: among roommates; or among roommates and the landlord. Commercial – A lease that is used for commercial business property (e.g., retail, office space, or industrial use). Short-Term (Vacation) – A short term tenancy that typically lasts a few days. Land Lease – A lease which can be used to purchase home and land. Rent to Own – An agreement where the tenant has the option of purchasing the dwelling unit. Typically, the lease includes both rent payments and additional payments for a down payment on the home. Lease Agreement Basics A lease outlines a plan of tenancy and defines the rights and responsibilities of both the landlord and tenant. What is the difference between a lease and a rental agreement? The biggest reason between a lease agreement and a rental agreement is the length of the contract. Rental Agreement – secures a tenancy for a short period of time, typically a month or a 30-day period. Month-to-month rental agreements typically renew each month unless the landlord or tenant provides a notice to terminate the tenancy. Landlords have the authority to revise the rental agreement and may choose to increase rent, change the terms of tenancy, or terminate the agreement on short notice. Lease Agreement – secures a tenancy for a longer period of time, generally a year. During that time, the landlord is unable to raise the rent or change the terms of the tenancy unless the lease agreement allows for modifications, or the tenant agrees to the changes in writing. Landlords in high vacancy areas often prefer leases due to the income stability and low turnover costs. Can a tenant rent without a lease agreement? Depending on the state, a written lease may be required to make disclosures or impose duties relating to tenancies. Oral lease agreements may satisfy some state or local laws but with no clear written agreement, a potential tenancy conflict may arise. It is important to note that without a written agreement, landlords run the risk of not being able to collect or use a security deposit for unpaid rent or property damage. Can you write your own lease agreement? You can write your own lease, but to increase landlord-tenant protection, use a lease agreement template or contact an attorney for legal advice. This way, landlords can ensure that the lease is legally compliant and protects your rights as a landlord. Typical Lease Agreement Provisions A lease agreement or rental agreement outlines the basic rules and terms that both the landlord and tenant agree to. Below are examples of important information that should be included in every lease or rental agreement. Names of Tenants/Landlords – The agreement should state the names of the tenants, landlord, or any individual authorized to speak on behalf of or accept payments for the property. Some states require a landlord to disclose the contact information of anyone authorized to speak on behalf of or accept payments for the property to the tenant(s). Resident Contact Information – Knowing how to effectively communicate between a tenant and landlord can save a lot of hassle. Outline how both the tenant and landlord want to be contacted (e.g., text, phone, written notice, etc.). Limits on Occupation – Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs. It is important to note that in certain circumstances, a tenant may be responsible for a repair if they negligently or deliberately destroy part of the premises. Charging Penalties Instead of Fees – All late fees and nonrefundable fees must be outlined in the lease or rental agreement. Late fees cannot be seen as a penalty for paying rent late, instead, the fee should reflect a reasonable estimate of the amount that the late payment will cost the landlord.

Promote Yourself. Use the positive aspects of yourself to your advantage. This could include a high credit score, solid references from past landlords, job status, financial statements, no criminal record, etc. (This will typically be verified by the landlord anyway using a rental application.) Compromise – Remember, negotiating isn’t about trying to get everything you want and leaving the other party with nothing. You will probably have no success with that type of approach. Rather, the goal should be to meet somewhere in the middle. (You have to give a little in order to receive.) For Landlords: Analyze your Property – In order to negotiate with prospective tenants, you must first know the value of your rental property. Is it in high demand? Does it have unique features and a good location? What are similar rental properties going for? Have you had a lot of interested parties contacting you about the property? These are all selling points that can be brought up when speaking to a potential renter who is trying to get a discount. Knowing the positive aspects of your rental is the best leverage you can have when trying to secure a profitable monthly rent and the terms & conditions you desire. Can a Landlord Break a Lease? The answer to this question is subject to the content of the lease. Given this information, the landlord may have the following options: Termination Clause – If the landlord inserted an “early termination” provision that allows them to end the occupancy as long as a certain number of days’ notice is delivered to the tenant, then they will be able to break the lease accordingly. Tenant Violation – If the tenant has violated one of the conditions contained within the lease agreement, then the landlord may reserve the right to legally end the tenancy without penalty. But, if the agreement does not contain an out for the landlord and the tenant has held up their end of the bargain, the laws will protect the tenant and they will be able to continue residing within the property until the expiration of the contract. Can a Landlord Change the Lease After it is Signed? The only possible way that a landlord would be able to change the terms of the rental contract after both parties have signed the document would be to create an addendum with the supplementary terms and have both parties sign the form. If the tenant doesn’t agree to the new terms and refuses to sign the addendum, then the landlord has no other option than to follow through with the conditions of the primary agreement. What are Lessees and Lessors? This is the basic terminology used when entering into a lease agreement. Basically, the lessee is the tenant entering into the contract, and the lessor is landlord renting out the property. It is important to know these terms as they are prominently used in most contracts for the rental of a property. Sample Residential Lease Agreement Download: Adobe PDF, MS Word (.docx) A standard residential lease agreement (or “rental agreement”) is a written document between a landlord and tenant that formalizes an agreement to rent real property for a fee. The contract must include specific details such as the monthly rent and the responsibilities of each party. Types of Lease Agreements A lease is a legally binding agreement between the landlord and tenant. The agreement allows a tenant to use the property in exchange for a rent payment. Standard/Fixed Term – The most common lease agreement is a fixed term agreement, typically payment is due every month, and the lease term is generally one year or a fixed lease period. Month-to-Month – An agreement which typically lasts for 30 days and usually involves an automatic lease renewal. The lease will continue until a tenant or landlord provide a notice to end the tenancy. One Page (Simple) – A simple, one-page agreement between the landlord and tenant for a fixed term. Sublease– This agreement can be constructed in two ways: a tenant who wants to end their lease early, but the landlord denies the early termination and instead decides to rent to a subtenant until the expiration of the lease; or a tenant who wants to remain in the dwelling unit while renting a room to a subtenant. Roommate– This agreement is designed for tenants who live in the same dwelling unit and share common areas. This type of agreement can be constructed in two ways: among roommates; or among roommates and the landlord. Commercial – A lease that is used for commercial business property (e.g., retail, office space, or industrial use). Short-Term (Vacation) – A short term tenancy that typically lasts a few days. Land Lease – A lease which can be used to purchase home and land. Rent to Own – An agreement where the tenant has the option of purchasing the dwelling unit. Typically, the lease includes both rent payments and additional payments for a down payment on the home. Lease Agreement Basics A lease outlines a plan of tenancy and defines the rights and responsibilities of both the landlord and tenant. What is the difference between a lease and a rental agreement? The biggest reason between a lease agreement and a rental agreement is the length of the contract. Rental Agreement – secures a tenancy for a short period of time, typically a month or a 30-day period. Month-to-month rental agreements typically renew each month unless the landlord or tenant provides a notice to terminate the tenancy. Landlords have the authority to revise the rental agreement and may choose to increase rent, change the terms of tenancy, or terminate the agreement on short notice. Lease Agreement – secures a tenancy for a longer period of time, generally a year. During that time, the landlord is unable to raise the rent or change the terms of the tenancy unless the lease agreement allows for modifications, or the tenant agrees to the changes in writing. Landlords in high vacancy areas often prefer leases due to the income stability and low turnover costs. Can a tenant rent without a lease agreement? Depending on the state, a written lease may be required to make disclosures or impose duties relating to tenancies. Oral lease agreements may satisfy some state or local laws but with no clear written agreement, a potential tenancy conflict may arise. It is important to note that without a written agreement, landlords run the risk of not being able to collect or use a security deposit for unpaid rent or property damage. Can you write your own lease agreement? You can write your own lease, but to increase landlord-tenant protection, use a lease agreement template or contact an attorney for legal advice. This way, landlords can ensure that the lease is legally compliant and protects your rights as a landlord. Typical Lease Agreement Provisions A lease agreement or rental agreement outlines the basic rules and terms that both the landlord and tenant agree to. Below are examples of important information that should be included in every lease or rental agreement. Names of Tenants/Landlords – The agreement should state the names of the tenants, landlord, or any individual authorized to speak on behalf of or accept payments for the property. Some states require a landlord to disclose the contact information of anyone authorized to speak on behalf of or accept payments for the property to the tenant(s). Resident Contact Information – Knowing how to effectively communicate between a tenant and landlord can save a lot of hassle. Outline how both the tenant and landlord want to be contacted (e.g., text, phone, written notice, etc.). Limits on Occupation – Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs. It is important to note that in certain circumstances, a tenant may be responsible for a repair if they negligently or deliberately destroy part of the premises. Charging Penalties Instead of Fees – All late fees and nonrefundable fees must be outlined in the lease or rental agreement. Late fees cannot be seen as a penalty for paying rent late, instead, the fee should reflect a reasonable estimate of the amount that the late payment will cost the landlord.

Promote Yourself. Use the positive aspects of yourself to your advantage. This could include a high credit score, solid references from past landlords, job status, financial statements, no criminal record, etc. (This will typically be verified by the landlord anyway using a rental application.) Compromise – Remember, negotiating isn’t about trying to get everything you want and leaving the other party with nothing. You will probably have no success with that type of approach. Rather, the goal should be to meet somewhere in the middle. (You have to give a little in order to receive.) For Landlords: Analyze your Property – In order to negotiate with prospective tenants, you must first know the value of your rental property. Is it in high demand? Does it have unique features and a good location? What are similar rental properties going for? Have you had a lot of interested parties contacting you about the property? These are all selling points that can be brought up when speaking to a potential renter who is trying to get a discount. Knowing the positive aspects of your rental is the best leverage you can have when trying to secure a profitable monthly rent and the terms & conditions you desire. Can a Landlord Break a Lease? The answer to this question is subject to the content of the lease. Given this information, the landlord may have the following options: Termination Clause – If the landlord inserted an “early termination” provision that allows them to end the occupancy as long as a certain number of days’ notice is delivered to the tenant, then they will be able to break the lease accordingly. Tenant Violation – If the tenant has violated one of the conditions contained within the lease agreement, then the landlord may reserve the right to legally end the tenancy without penalty. But, if the agreement does not contain an out for the landlord and the tenant has held up their end of the bargain, the laws will protect the tenant and they will be able to continue residing within the property until the expiration of the contract. Can a Landlord Change the Lease After it is Signed? The only possible way that a landlord would be able to change the terms of the rental contract after both parties have signed the document would be to create an addendum with the supplementary terms and have both parties sign the form. If the tenant doesn’t agree to the new terms and refuses to sign the addendum, then the landlord has no other option than to follow through with the conditions of the primary agreement. What are Lessees and Lessors? This is the basic terminology used when entering into a lease agreement. Basically, the lessee is the tenant entering into the contract, and the lessor is landlord renting out the property. It is important to know these terms as they are prominently used in most contracts for the rental of a property. Sample Residential Lease Agreement Download: Adobe PDF, MS Word (.docx) In this article: A standard residential rental agreement (or, more commonly, a lease) can protect both you and your tenants by setting expectations upfront and putting forth the property’s rules and requirements. A specific, detailed lease may mitigate disputes and misunderstandings as well as provide clarity when questions arise. In select locations, you can create a customizable online lease with Zillow Rental Manager. Simply log in to your Zillow Rental Manager account, enter the address for the property then select Leases. If you already have properties in your account, select the Leases tab for the property you want to create a lease for. From there, you’ll be guided through the entire lease-creation process. Note: This guide is for informational purposes only. Zillow, Inc. does not make any guarantees about the sufficiency of the information in or linked to from this guide, or that it’s compliant with current, applicable or local laws. Landlord-tenant laws change rapidly and may be regulated at the federal, state and local levels. This resource is not a substitute for the advice or service of an attorney; you should not rely on this resource for any purpose without consulting with a licensed attorney in your jurisdiction. Typically, a rental lease agreement (is created once you’ve completed these parts of the leasing process: Marketing your rental property. Start by writing a rental ad to describe your home’s best features then include at least 10 high-quality photos of your home’s interior and exterior. Hosting an open house or “private showing. Allow prospective tenants to see the home and make sure it meets their needs. Reviewing all rental agreement”) is applications. Applications give you insight into a written document between prospective tenant’s rental history, helping you find a landlord and reliable tenant that formalizes an agreement to rent real property for your property. Running a fee. The contract must include specific details such as credit check on the monthly rent and the responsibilities of each party. Types of Lease Agreements A lease is a legally binding agreement between the landlord and tenant. The agreement allows tenant-screening process provides information on the applicant’s employment status and current and previous residences, as well as a tenant look into their financial and criminal background history, if local law allows. Contacting previous landlords for references. Reach out to use current or former landlords by phone or email to verify if the applicant paid rent on time, took good care of the property in exchange for a rent payment. Standard/Fixed Term – The most common lease agreement is a fixed term agreement, typically payment is due every month, and the lease term is generally one year or a fixed lease period. Month-to-Month – An agreement which typically lasts for 30 days and usually involves an automatic lease renewal. The lease will continue until a tenant or landlord provide a notice to end the tenancy. One Page (Simple) – A simple, one-page agreement between whether the landlord and tenant for a fixed term. Sublease– This agreement can be constructed in two ways: a tenant who wants to end their lease early, but the landlord denies the early termination and instead decides to would rent to a subtenant until the expiration of the lease; or a them again. Landlord-tenant who wants to remain in the dwelling unit while renting a room to a subtenant. Roommate– This agreement is designed for tenants who live in the same dwelling unit and share common areas. This type of agreement can be constructed in two ways: among roommates; or among roommates and the laws by state Every state has landlord. Commercial – A lease that is used for commercial business property (e.g., retail, office space, or industrial use). Short-Term (Vacation) – A short term tenancy that typically lasts a few days. Land Lease – A lease tenant laws which can be used regulate rent-related issues, lease renewals, addenda and notices to purchase home help you manage your rental property. These laws spell out your rights and land. Rent to Own – An agreement where the tenant has the option of purchasing the dwelling unit. Typically, the lease includes both rent payments and additional payments for obligations as a down payment on the home. Lease Agreement Basics A lease outlines a plan of tenancy and defines landlord as well as the rights and responsibilities obligations of both the landlord and tenant. What Every state’s landlord-tenant laws vary in their requirements, so be sure to consult a local attorney to better understand how your landlord-tenant laws may impact your lease. Here is the difference a look at some state-by-state regulations from our landlord-tenant laws guide: Lease type Depending on your situation, you may choose to create one of these lease types: Fixed-term lease. This lease has a set end date, which is commonly between a lease six months and a rental agreement? The biggest reason between a lease agreement and a rental agreement is the length of the contract. Rental Agreement – secures a tenancy for a short period of time, typically a month or a 30-day periodone year. Month-to-month rental agreements typically lease. This lease will automatically renew each month unless until either the landlord or tenant provides a notice chooses to terminate the tenancyagreement. Landlords have You can easily select your lease type and set start and end dates when you create a lease using Zillow Rental Manager. Disclosure attachments Some items that might be attached to your rental lease include: Lead paint disclosures Mold disclosures State voter registrations Other disclosures required under local law Security deposits If you decide to collect a security deposit, include the authority required amount when you make a lease. Laws around how much you can collect and how you should store security deposits vary by state. Unused security deposit funds must be returned to revise the rental agreement and may choose to increase rent, change the terms of tenancy, or terminate the agreement on short notice. Lease Agreement – secures tenant within a tenancy for a longer certain period of time, generally which varies by location. Collecting the last month’s rent When you collect a yearsecurity deposit, you may also choose to collect the last month’s rent. During that timeSome states, like Oregon, may treat the landlord is unable to raise the last month’s rent or change the terms of the tenancy unless the lease agreement allows for modificationslike a security deposit, or meaning you must hold it in a separate account and give the tenant agrees any accrued interest. How to the changes in writing. Landlords in high vacancy areas often prefer leases due to the income stability and low turnover costs. Can a tenant rent without a lease agreement? Depending on the state, a written lease may be required to make disclosures or impose duties relating to tenancies. Oral lease agreements may satisfy some state or local laws but with no clear written agreement, a potential tenancy conflict may arise. It is important to note that without a written agreement, landlords run the risk of not being able to collect or use a security deposit for unpaid rent or property damage. Can you write your own lease agreement? You can write your own lease, but to increase landlord-tenant protection, use create a lease agreement template or contact an attorney for legal advice. This way, landlords can ensure that the lease is legally compliant and protects your rights as a landlord. Typical Lease Agreement Provisions A lease agreement or rental agreement outlines the basic rules and terms that both the landlord and tenant agree to. Below are examples of important information that should be included in every lease or rental agreement. Names of Tenants/Landlords – The agreement should state the names of the tenants, landlord, or any individual authorized Follow these 13 steps to speak on behalf of or accept payments for the property. Some states require a landlord to disclose the contact information of anyone authorized to speak on behalf of or accept payments for the property to the tenant(s). Resident Contact Information – Knowing how to effectively communicate between a tenant and landlord can save a lot of hassle. Outline how both the tenant and landlord want to be contacted (e.g., text, phone, written notice, etc.). Limits on Occupation – Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After create a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs. It is important to note that in certain circumstances, a tenant may be responsible for a repair if they negligently or deliberately destroy part of the premises. Charging Penalties Instead of Fees – All late fees and nonrefundable fees must be outlined in the lease or rental agreement. Late fees cannot be seen as a penalty for paying rent late, instead, the fee should reflect a reasonable estimate of the amount that the late payment will cost the landlordonline using Zillow Rental Manager.

Promote Yourself. Use the positive aspects of yourself to your advantage. This could include a high credit score, solid references from past landlords, job status, financial statements, no criminal record, etc. (This will typically be verified by the landlord anyway using a rental application.) Compromise – Remember, negotiating isn’t about trying to get everything you want and leaving the other party with nothing. You will probably have no success with that type of approach. Rather, the goal should be to meet somewhere in the middle. (You have to give a little in order to receive.) For Landlords: Analyze your Property – In order to negotiate with prospective tenants, you must first know the value of your rental property. Is it in high demand? Does it have unique features and a good location? What are similar rental properties going for? Have you had a lot of interested parties contacting you about the property? These are all selling points that can be brought up when speaking to a potential renter who is trying to get a discount. Knowing the positive aspects of your rental is the best leverage you can have when trying to secure a profitable monthly rent and the terms & conditions you desire. Can a Landlord Break a Lease? The answer to this question is subject to the content of the lease. Given this information, the landlord may have the following options: Termination Clause – If the landlord inserted an “early termination” provision that allows them to end the occupancy as long as a certain number of days’ notice is delivered to the tenant, then they will be able to break the lease accordingly. Tenant Violation – If the tenant has violated one of the conditions contained within the lease agreement, then the landlord may reserve the right to legally end the tenancy without penalty. But, if the agreement does not contain an out for the landlord and the tenant has held up their end of the bargain, the laws will protect the tenant and they will be able to continue residing within the property until the expiration of the contract. Can a Landlord Change the Lease After it is Signed? The only possible way that a landlord would be able to change the terms of the rental contract after both parties have signed the document would be to create an addendum with the supplementary terms and have both parties sign the form. If the tenant doesn’t agree to the new terms and refuses to sign the addendum, then the landlord has no other option than to follow through with the conditions of the primary agreement. What are Lessees and Lessors? This is the basic terminology used when entering into a lease agreement. Basically, the lessee is the tenant entering into the contract, and the lessor is landlord renting out the property. It is important to know these terms as they are prominently used in most contracts for the rental of a property. Sample Residential Lease Agreement Download: Adobe PDF, MS Word (.docx) A standard residential lease agreement (or “rental agreement”) is a written document between a landlord and tenant that formalizes an agreement to rent real property for a fee. The contract must include specific details such as the monthly rent and the responsibilities of each party. Types of Lease Agreements A lease is a legally binding agreement between the landlord and tenant. The agreement allows a tenant to use the property in exchange for a rent payment. Standard/Fixed Term – The most common lease agreement is a fixed term agreement, typically payment is due every month, and the lease term is generally one year or a fixed lease period. Month-to-Month – An agreement which typically lasts for 30 days and usually involves an automatic lease renewal. The lease will continue until a tenant or landlord provide a notice to end the tenancy. One Page (Simple) – A simple, one-page agreement between the landlord and tenant for a fixed term. Sublease– This agreement can be constructed in two ways: a tenant who wants to end their lease early, but the landlord denies the early termination and instead decides to rent to a subtenant until the expiration of the lease; or a tenant who wants to remain in the dwelling unit while renting a room to a subtenant. Roommate– This agreement is designed for tenants who live in the same dwelling unit and share common areas. This type of agreement can be constructed in two ways: among roommates; or among roommates and the landlord. Commercial – A lease that is used for commercial business property (e.g., retail, office space, or industrial use). Short-Term (Vacation) – A short term tenancy that typically lasts a few days. Land Lease – A lease which can be used to purchase home and land. Rent to Own – An agreement where the tenant has the option of purchasing the dwelling unit. Typically, the lease includes both rent payments and additional payments for a down payment on the home. Lease Agreement Basics A lease outlines a plan of tenancy and defines the rights and responsibilities of both the landlord and tenant. What is the difference between a lease and a rental agreement? The biggest reason between a lease agreement and a rental agreement is the length of the contract. Rental Agreement – secures a tenancy for a short period of time, typically a month or a 30-day period. Month-to-month rental agreements typically renew each month unless the landlord or tenant provides a notice to terminate the tenancy. Landlords have the authority to revise the rental agreement and may choose to increase rent, change the terms of tenancy, or terminate the agreement on short notice. Lease Agreement – secures a tenancy for a longer period of time, generally a year. During that time, the landlord is unable to raise the rent or change the terms of the tenancy unless the lease agreement allows for modifications, or the tenant agrees to the changes in writing. Landlords in high vacancy areas often prefer leases due to the income stability and low turnover costs. Can a tenant rent without a lease agreement? Depending on the state, a written lease may be required to make disclosures or impose duties relating to tenancies. Oral lease agreements may satisfy some state or local laws but with no clear written agreement, a potential tenancy conflict may arise. It is important to note that without a written agreement, landlords run the risk of not being able to collect or use a security deposit for unpaid rent or property damage. Can you write your own lease agreement? You can write your own lease, but to increase landlord-tenant protection, use a lease agreement template or contact an attorney for legal advice. This way, landlords can ensure that the lease is legally compliant and protects your rights as a landlord. Typical Lease Agreement Provisions A lease agreement or rental agreement outlines the basic rules and terms that both the landlord and tenant agree to. Below are examples of important information that should be included in every lease or rental agreement. Names of Tenants/Landlords – The agreement should state the names of the tenants, landlord, or any individual authorized to speak on behalf of or accept payments for the property. Some states require a landlord to disclose the contact information of anyone authorized to speak on behalf of or accept payments for the property to the tenant(s). Resident Contact Information – Knowing how to effectively communicate between a tenant and landlord can save a lot of hassle. Outline how both the tenant and landlord want to be contacted (e.g., text, phone, written notice, etc.). Limits on Occupation – Having this outlined in the agreement guarantees a landlord’s right to determine who should be occupying the dwelling unit. If a person’s name is not on the agreement, it could potentially be grounds for eviction. Type of Tenancy – The agreement should clearly state what type of tenancy arrangement a landlord will have with the tenant (e.g., month-to-month, fixed term, etc.). Include the start date, tenancy length and expiration date (if there is one). Payment of Rent – Details of how the rent should be paid (i.e., mailing a check, paying online, etc.), acceptable payment methods, the amount of rent owed, the date the rent is due (i.e., the first of every month) should all be explained in the agreement. If a landlord is charging a late fee or charging for a bounced check, this should be outlined in the lease or rental agreement. Deposits and Fees – To avoid any confusion or conflict, it is recommended to describe how the security deposit will be used (i.e., damages), the amount of the security deposit being collected, how the security deposit will be returned and depending on state laws, where the security deposit will be held and if any interested will be paid to the tenant. Any non-refundable fees should be clearly stated such as a pet deposit or cleaning fee. Repairs and Maintenance – The agreement should clearly layout the landlord and tenant’s responsibilities to maintain the dwelling unit (i.e., keep the premises clean, changing the batteries in a smoke detector, maintaining the yard, etc.). This should also outline any restrictions imposed on tenant’s making repairs to the dwelling unit. Landlord’s Access to the Property – To avoid any discrepancies regarding a landlord’s right to access the premises and to avoid any privacy issues, it must be clarified in the lease agreement of how much notice must be provided to the tenant. A landlord may access the property to make necessary repairs or in some states to show the unit to potential renters. Rules and Policies – Important rules, regulations, and policies (i.e., smoking restrictions, rent control ordinances, health/safety codes, prohibiting illegal activity, or permitting pets, etc.) should be outlined in the agreement. This helps limit a landlord’s liability. Disclosures – Depending on the state, federal, state or local laws might require landlords to disclose information in the agreement. State Lease Agreement Laws After a lease agreement is signed by both parties, the landlord may be required by state law to provide a copy of the rental agreement upon request. Below are some examples of state requirements for providing copies to tenants. State Requirement California Within 15 Days of Execution Delaware Upon Execution Hawaii Provide a Copy Kansas Provide a Signed Copy New Mexico Prior to Move-In New York Within 30 Days of Signing Tennessee Provide a Copy for All Lease Terms 3 Years or Longer Utah Upon Execution Oregon Provide a Copy and All Amendments/Additions Washington Distribute an Executed Copy to Every Tenant Who Signs the Agreement Wisconsin At the Time of the Agreement Required Disclosures and Addendums Required disclosures and addendums vary by state. Disclosures may be made in the lease or rental agreement and addendums may be attached separately to the lease or rental agreement. Below are the most common required disclosures. Lead-Based Paint – It is a federal law that landlords provide notice of the potential risks of lead-based paint in homes built prior to 1978 with a specific disclosure form and pamphlet in addition to any known hazards in the building. Asbestos – Informs tenants if there is asbestos at the property so that a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. This disclosure is required for properties build before 1981. Bed Bugs – For rental units with a history of infestation, it is recommended to provide information on the protocol for handling a bed bug infestation. This will notify the tenant of their obligation to cooperate with bed bug prevention by promptly reporting any sign of infestation to the landlord. Landlord’s Name & Address -Landlords or any individual authorized to manage the rental property must disclose their name and address so future legal notices and demands that are sent by the tenant can be properly delivered. Mold Disclosure– Informing the tenant of the current mold status of a property to protect against future liability of mold damages which might be caused by a tenant’s negligence during the lease term. Shared Utilities Arrangements – For rental units with shared utilities, it is recommended to disclose the specifics of how they are shared, and how each party’s bill is calculated, so that tenants have a reasonable expectation of what they owe each month. Move-in Checklist – An itemized list of damages to the property before the tenant moves in will clarify that the tenant is responsible for any serious damages that occur during the lease term. Refundable/Non-Refundable Fees- If nonrefundable fees are charged, such as a pet fees or other one-time expenses like access to amenities, they must be stated as “nonrefundable” in the lease. Otherwise, they may be subject to a refund upon termination of the lease. Smoking – It is recommended to state where smoking or medical marijuana use is and isn’t allowed on the property so that expectations are clear. Late and Returned Check Fees – Landlords are recommended to disclose any late fees or returned (bounced) check fees that they intend to charge. Some states limit how high these fees can be and should reflect the actual expenses incurred by the landlord because of a late payment. Illegal Clauses It is unlawful for a landlord to require a tenant to waive any of their rights or place discriminatory conditions in a lease or rental agreement. Illegal provisions may result in the landlord being liable for damages. Here are a few examples of illegal provisions: Warranty of Habitability – Every state (except for Arkansas) has an implied warranty of habitability meaning that landlords have an obligation to keep the dwelling unit in a livable condition. Landlords are required to follow specific health and safety codes that provide minimum standards for rental units. This right to a livable dwelling unit cannot be waived. Tenant Responsible for Maintenance and Repairs – Landlords need to pay for the property’s maintenance and repairs; however, many leases and rental agreements are written to purposely confuse tenants when describing the landlord’s responsibilities. This is to make tenants feel that the maintenance and repair responsibilities are theirs. It is important to note that in certain circumstances, a tenant may be responsible for a repair if they negligently or deliberately destroy part of the premises. Charging Penalties Instead of Fees – All late fees and nonrefundable fees must be outlined in the lease or rental agreement. Late fees cannot be seen as a penalty for paying rent late, instead, the fee should reflect a reasonable estimate of the amount that the late payment will cost the landlord.