answersLogoWhite

0

The Importance of a Well Written Lease Agreement?

Updated: 9/16/2019
User Avatar

Wiki User

12y ago

Best Answer

Leases are utilized by many different industries, but they are most commonly found within the apartment industry. A standard lease agreement will provide legal stipulations for exactly what a tenant and the landlord are responsible for. Breaking any of the lease terms, regardless of who does so, can result in both legal action and the dissolution of the lease agreement.

Although the legalities of what can and what can't be put into a lease agreement do vary from state to state, there are certain aspects of every lease that will remain the same. The basics include the length of the lease term, the rental rate that must be paid and when it is due, which utilities the landlord is responsible for, what repairs the landlord is responsible for and the amount of the security deposit that the tenant is required to provide. Although lease contracts were still relatively simple even just a decade ago, a wide number of additional provisions have been added into most lease agreements during the last ten years. It is now common practice for landlords to include clauses ranging from the tenant's responsibility regarding matters such as the occurrence of mold and mildew all the way to drug free housing clauses that enable a landlord to evict a tenant who is arrested for drug charges.

The lease agreement must contain legal language that describes what will happen when the resident moves out. This is due to the security deposit act which states that the tenants must be notified if damages are going to be retained from their deposit. The exact specifications of how notification must be given will vary depending on the state that the lease was written for, but it is still imperative for the information to be included.

Some landlords offer their tenants the opportunity to go month to month after their first lease is concluded; while many tenants enjoy the flexibility of this, they're also denying themselves the right to be covered by several important clauses of the lease. For example, without a legal lease the tenant's rent can be increased at any time with proper notification; in most places this requires only a 30-day written notice.

If any of the lease guidelines are not met, either the landlord or the tenant may take legal action. A judge will first verify the accuracy of the lease language so it is imperative for a landlord to make sure that they are using a lease that follows all of their local state and city laws.

User Avatar

Wiki User

12y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: The Importance of a Well Written Lease Agreement?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

How do you take over a commercial lease?

You need to come into agreement with the current tenant as well as the landlord. If the landlord approves, you will sign an agreement to take over the lease from the current tenant.


What would be good collateral for a lease agreement?

A good collateral for a lease agreement would be a tangible property, such as a house, motor vehicle, financial collateral as well as intellectual security.


Where can I download a blank lease agreement for free?

Blank lease agreements can be downloaded at some government websites as well as some legal reference websites or landlord lease websites such as EZLandLords.


Help filling out a lease agreement?

All you need is the Landlord and Tenant information as well as the property address.


When a child turns 18 do they have to be put on the rental or lease agreement?

If the lease restricts who can live in the apartment, as long as your son is listed as an occupant on the lease, he or she can continue to live in the apartment (unless the lease specifically states otherwise). If the lease does not have a restriction on occupants, your son can continue living in the apartment as well.


As the co signer for a leased vehicle am i responible for damage to the vehicle when the lease agreement is up?

Unfortunately; yes you ARE responsible the exact same as if you were the PRIMARY person on the lease. Well sorry. k love yayahs


Create Legally Binding Lease Agreements Easily?

A lease is the most important document most landlords and renters will encounter. These legally binding documents lay out the terms of a rental. They are essential should you need to go to court. Leases protect both landlords and tenants. In order to be valid, a lease must be formulated correctly. An improperly written or poorly formatted lease can lead to problems for renters and landlords. Free lease agreement templates help landlords create clear, concise leasing agreements. A lease agreement is made up of many parts. Information about the renter and anyone else who may live in or use the rental property is essential. A landlord must outline rules governing the property and any expectations they have of their tenants. In many states, a lease must notify tenants of any potentially hazardous substances that are found on the rental premises. Knowing where to put pertinent information on a lease agreement is essential. Leasing agreements also vary depending upon whether you a renting a residential or business property. You may want to include extra rules for residential properties, or you may need to forbid certain types of business transactions depending upon how your property is zoned. Including these details in a leasing agreement is extremely important. Occasionally, tenants and landlords have serious disagreements. When their disagreements cannot be resolved through negotiation, they may elect to go to court. Legal proceedings can be lengthy and expensive. It is best to be thoroughly prepared if you think you will need to go to court. A judge will rely on a leasing agreement to understand if one party violated its terms. Without a well-written lease, a judge may not be able to make an accurate ruling. A lease agreement also lays out routine, but important, information. A well-written lease contains information about who tenants should contact if they have any issues with the property they rent. It clearly explain when rent is due and what repercussions will be faced if rent is not paid. A lease agreement provides contact information for the landlord or property management corporation in case of emergencies. Free lease agreement templates make designing and writing a legally binding lease easy. Such templates assure that you have included all pertinent information and that you are in compliance with rental regulations in your area. Making a lease is important, but need not be expensive or time consuming.


Can you break a lease to own agreement?

It depends on the terms of the agreement as well as who drew the agreement up. Was the agreement done by the owners real estate lawyer or was it a downloadable form and filled out? Does the lease state the consequences of breaking the lease? Of stopping paying the rent? Of subletting to someone else if you cannot pay it? The lease itself can be a commodity since you have paid money into it and you own the rights to buy the property at the future date, therefore you may be able to sell it to someone. You can talk to an attorney to go over your options. The less detailed the agreement is the easier it is to break it. Under your state law you may be able to discover ways that the owner is deficient in their upkeep of the place. (unless the lease to own agreement places this burden on you) There are organizations that specialize in these sorts of things, but I am leery of them. They seem shady to me. You can Google them. Bottom line is talk to an attorney, there is almost always some kind of option. But, lease is a contract and there can be serious consequences if you do not have legal advice. (and sometimes even if you do)


What to Include in a Lease Agreement?

If you're leasing a piece of property to an individual or a business, it's more important than ever to protect your legal interests. From damage to your property to missed payments, leasing property can easily become a legal minefield, so it pays to have every protection you can set in place before the lease even begins. To do this, you need to have a legally sound agreement drafted, and you need to be assured that all parties involved have a clear understanding of the terms and conditions of the agreement.Key Elements to Include in Any Lease AgreementEssentially, a lease agreement needs to contain a few key elements: what property is being leased, the identity of the parties involved in the agreement, the length of the lease, as well as information on payments. These elements are important in order to establish exactly what property is being leased in the agreement, who will have possession of the property and who retains actual ownership, how long the lease will be for and how any payments will be handled. Having these elements allows all parties in a lease agreement to have a clear understanding of the agreement as a whole, and they also offer protection for both parties if the agreement is used in court.What Happens if the Lease Agreement is Broken?You will also want to include terms and conditions within your lease agreement that address penalties if payments are missed, if the leased property is damaged, as well as what legal recourse all agreeing parties have if the lease is broken. This may mean defining an actual monetary value for specific damages, or it may discuss a security deposit requirement that will be used specifically for damage to the leased property. Once again, this information can be crucial if the lease agreement is used as evidence in court.Miscellaneous Information to IncludeMany lease agreements may include miscellaneous information, such as stipulations of use on the leased property. These guidelines ensure that the leased property will be used for its intended purpose, and are often put in place for the property owner's protection. An example of this would be where someone is leasing a home to another individual. The lease agreement may stipulate that the home being leased can not be used as a commercial business, as this may cause the property owner to incur fees from the city or county where the property is registered.


What information is required on a lease agreement form?

Usually the tenant(s) name(s), the term of the lease, e.g. a 6 month or 1 yr lease; the cost of the apartment. I believe that's the minimum but you can have a contract several pages long covering things you haven't thought of. If you secure the services of an attorney you'll know what I mean.


How can I find the answers to questions about my lease agreement?

You know what you want to do. You can review your lease carefully to see if there is a clear answer to what you want to do. For example, if you want to move before the lease is terminated look for the language that addresses that question. It may come under the heading, "Early Termination". If you don't understand your rights after reviewing the lease, you can have the lease reviewed by an attorney, or landlord-tenant agency in your city if there is one, to determine what your rights are under the lease. Not all leases are well drafted. It may be worth it for you to have it reviewed by a professional.


What has the author B D Moses written?

B. D. Moses has written: 'The electric brooder' -- subject(s): Incubators 'Farmers' purchase agreement for deep well pumps' -- subject(s): Irrigation pumps, Lease or buy decisions 'Stationary spray plants in California' -- subject(s): Spraying equipment, Spraying and dusting in agriculture