How to Write a Lease Agreement

It's important that landlords protect themselves by listing some critical information in each lease agreement.

Instructions

1. **Parties**

   This should be on the top of the first page. List LANDLORD and leave a blank line, then list TENANT(S) and leave two or three blank lines. Also include PROPERTY ADDRESS and type the full address including street, city, state and zip code.

2. **Lease Agreement Terms**

   List how long the lease term will last, how much the tenants will pay monthly, how much they will deposit (security & pet deposits), the total amount they are required to pay prior to move-in, and how much would be charged if a rent check was returned. Indicate what happens after the lease term expires (auto-renew, become month-to-month, etc.), and list each utility that the landlord will pay and indicate that all other utilities will be paid by the tenants. Indicate whether the addition of a satellite dish is permitted. These items should be listed or as separate items.

3. **Condition of Premises**

   This is a vital piece of the lease agreement. Take a look at this example: "Tenant acknowledges that the premises have been inspected and that said premises have been cleaned and all items, fixtures, appliances, and appurtenances are in complete working order. Tenant promises to keep the premises in a neat and sanitary condition and to immediately reimburse landlord for any sums necessary to repair any item, fixture or appurtenance that needed service due to tenants, or tenant's invitee, misuse or negligence."

4. **Occupants and Pets**

   Designate that only the tenants listed above can occupy the premises, other than minor children and guests staying no more than _________ days (you decide).

   Designate how many and what types of pets are allowed on the premises and list any additional rules that may apply. It is OK to include a provision that requires the tenants to ask the landlord before acquiring any pets. That way, you'll be more likely to be aware of any pet from a hamster or a turtle to a cat or a dog.

5. **Landlord's Right of Entry and Keys**

   Include a paragraph that states that the landlord is allowed to inspect the outside of the property at any time, and the landlord is permitted to enter the dwelling after providing 24-hours notice to the tenants. Make sure to indicate that the tenants are not authorized to change the locks!

6. **Other Provisions**

   Include separate sections in the lease agreement for each of the following: smoke alarms, fire extinguishers, water shut-off valves, water heater, lead paint, minimum home temperature, parking, fireplace, plumbing and sub-letting. Many tenants who sue do it because they claim they weren't informed about something. ("I didn't know I was supposed to report when a toilet was backed up and it flooded the house and ruined my couches!") Also include a statement regarding liability for personal property (for example, any personal property stored on the property is at the tenant's own risk).

7. **Consequences**

   The lease agreement should list specifically what the tenants are responsible for and what will happen if the tenants violate any part of the lease.

8. **Signatures**

   The landlord and tenants should sign and date on the same day if possible. Always check ID before allowing the tenants to sign. If you choose to have your tenant's signatures notarized, be sure to locate notary language for your state (this can be obtained online) and include it beneath the signature lines in order to make it valid.

Tips & Warnings

• Have tenants complete a rental application before signing a lease agreement and always check ID

• Number the pages and number the paragraphs

• Type TENANT(S) and LANDLORD in all caps and use them throughout the lease agreement, rather than the actual names

• A "rental agreement" is generally month-to-month and a "lease agreement" is generally based on a term such as 6 or 12 months.

• Check for any state-specific laws that might need to be included.

• Consider putting a disclaimer at the end of the lease agreement that says something like, "If any item in this agreement is determined not legal, the rest of the agreement still stands." That way, the whole document couldn't be thrown out if someone ever took you to court.

• An additional disclaimer could say something like, "No representation is made as to the legal validity or adequacy of this agreement. If you desire, consult with an attorney before entering this agreement."

• Consult an attorney if you are uncertain of the authenticity of your document.