How to Write a New Lease

An apartment for rent requires a solid lease.

When leasing out a property or when tenants want to lease a house or apartment, it is important that a lease is present to protect the tenants and owner. There are many lease formats, depending on the requirements of the property. If an existing lease has been drafted, it may require small updates. Whether owners have one in place or are starting anew, there are some things they should keep in mind when drafting a new lease.

Instructions

1. Write the country and state of the governing jurisdiction. Each state has its own legislation code regarding residential leasing. Write the appropriate code down for each state the lease may apply for. To find the appropriate code, contact the state through the state’s website.

2. Write a section outlining the contact information for the owner of the property. The tenants should have this information readily available.

3. Require tenant information, such as current address and contact information. It should also be made clear how many tenants will be living at the house and whether it is a corporation or residential.

4. Make it clear in the lease whether it is an apartment, a room a residential house or an office.

5. Write the address of the property that the lease is serving.

6. Write down whether the apartment is furnished or unfurnished. This will indicate to the tenants that they may have to be responsible for furniture.

7. Indicate whether appliances are included with the property when leasing it.

8. Include whether parking is included in the rent. If not, indicate that parking is available but at a fee. If no parking is available, let the tenants know in the lease.

9. Indicate whether extra occupants will be allowed to live on the property without the landlord’s permission. Also, explain if subletting is allowed.

10. Write down whether animals are permitted. If only certain animals are allowed, indicate which ones.

11. Write down the rules regarding smoking. If not smoking is allowed within the property, outline where smoking is allowed surrounding the property.

12. Indicate the dates for which the lease is legal. Usually, leases are one year or month-to-month. Also, explain how tenants may end the lease both after the lease period has ended and in the middle of the lease. Write down whether the lease can be renewed.

13. Inform the tenants of inspection reports prior to moving in. Let them know that an inspection has taken place, in case of damages.

14. Write down the amount of the monthly rent. Include any security deposits or rental deposits that may be collected at the time of signing. Include any extra fees, such as building maintenance or taxes. Explain the payment schedule and options in the lease.

15. Outline any rent increases that may surface and penalties for late rent. Include the interest rate on late rent payments, if applicable.

16. Protect the tenants by giving a time period of notice prior the landlord’s entrance to the property.

17. Indicate whether the tenants, the landlord or both are allowed to make changes or improvements to the property. In this regard, indicate who is responsible for maintenance.

18. Outline expectations regarding home insurance and who will pay it.

19. Explain the termination scenarios and the penalties for doing so unannounced.

20. Provide lines for the date and the signatures of the tenant and the owner. This should be left clear at the time of printing, so the lease can be used at a later date.

Tips & Warnings

• Have a lawyer look over the lease before use in case of inconsistencies or legal issues.

References

• Documatica Forms: Lease Agreements
• Government Lease Template: Lease Template