How To

How to Write Your Own Rental Contract

Contributor
By Valerie K.
eHow Contributing Writer
(0 Ratings)

Detailing a rental contract in writing protects all involved parties. Landlord-tenant laws vary by both state and county, so it is critical to check your local government website for provisions set forth regarding security deposits, occupancy limits and other mandatory restrictions.

Difficulty: Moderately Easy
Instructions

Things You'll Need:

  • Paper Printer Landlord-tenant statutes for your city
  1. Step 1

    Title the document "Residential Lease." State the named parties in the agreement---Landlord and Tenant---along with the date the lease is created, the date the rental agreement will start, and the address and description of the premises.

  2. Step 2

    Format the lease terms in your rental contract by number or Roman numerals, making sure to refer each party as Landlord and Tenant. The first item should be Rent and Security Deposit. It is important to state the amount of the security deposit, if it has been created, and how much will be due for the rental when the lease commences.

  3. Step 3

    Set forth the terms of Quiet Enjoyment, Use of Premises and Number of Occupants. Specify the Use of Premises, such as a private residence or commercial use. State the maximum number of tenants under Number of Occupants. Look this up on your local county website, as occupancy limits are set forth by the city.

  4. Step 4

    Establish in writing the Condition of the Premises. It is worth noting the condition of every room. And keep track of whether a paint job, flooring or an appliance is brand new or relatively outdated. State in the rental contract that anything not in good, working order must be immediately reported within 24 to 48 business hours. Make sure to include how the tenant should contact the landlord for maintenance, and include a number for any maintenance emergency.

  5. Step 5

    Inform the tenant whether or not the rental contract will allow a sublet or a replacement tenant, and that any qualified replacement will be held to the same terms and conditions of the original lease. Should any fees be charged for administrative costs associated with a sublet, state so in the rental contract.

  6. Step 6

    State in the rental contract that routine maintenance and normal wear-and-tear are the responsibility of the landlord, and that costs associated with negligent or willful damage to the premises will be charged to a tenant. Acknowledge that routine maintenance or wear-and-tear costs are different from deliberate or negligent damage to the premises, and can be charged to the tenant.

  7. Step 7

    Clearly define how much the tenant's share will be for water, gas/electric and garbage, or if it will be a set rate for all utilities. If the tenant will deal directly with each utility company, state that the tenant will pay their own metered utilities.

  8. Step 8

    Insert the date rent is due. Cover a default payment, should one occur. Give until the fifth of the month to accept a rental payment with a fee of $50, or charge, for example, $5 per day, until rent is received. Include that the landlord maintains the right to terminate the agreement and start eviction procedures should the tenant not pay rent. An eviction policy in the event of abandonment should also be outlined.

Tips & Warnings
  • Make sure to include a section for any disclosures regarding lead, radon or other warnings, rights and obligations mandated by the city, country or state.
  • If there are additional rules set forth by a Home Owners Association or other regulatory authority for a rental unit, include an addendum, and provide the tenant with a copy of the additional rules set forth for their occupancy.

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