Residential Premises Lease Agreement

Residential property lease agreements should be in writing.

Residential rental agreements must contain the term of the tenancy, the monthly rental fee and termination provisions. Most state courts will uphold only written agreements and invalidate oral agreements. Landlords must incorporate any mandatory state provisions into the contract.

Identification

If the landlord requires an upfront security deposit, the lease should outline when the security deposit will be returned and what fees may be assessed and deducted from the security deposit. The landlord should also state whether the tenant is required to purchase a rental property insurance policy and the necessary coverage amounts.

Features

The rental agreement should address whether the tenant is allowed to sublet the property. Landlords who allow property to be leased under a subletting agreement may require a new rental application and background financial investigation to properly screen prospective tenants. The lease must address the procedure for a lease extension and whether month-to-month tenancies will be honored.

Considerations

Landlords must be aware of the jurisdictional privacy requirements, including the ability to access the premises without notice during emergencies. The lease should contain the mandatory notice provisions and notice requirements that the landlord must provide prior to entering the tenant's premises.

References

• American Bar Association: Renting a Home: Does the law regulate the provisions in a lease?

Resources

• Nolo: Ten Tips for Landlords