When writing a residential lease, it’s best to have the terms of the agreement fully negotiated between the landlord and tenant. After a verbal agreement has been established, the parties may pursue creating a written agreement by using a template that contains the language needed in accordance with the governing law of the State the property is located.
This lease agreement template provides for a one year term, which is the most common, however the term can be longer or shorter as agreed upon by the parties. In the first blank, insert the date on which the rental term will begin. This is the date on which the tenant can take possession and begin to occupy the premises, and the date on which rent will commence. Ideally, the term will begin on the first day of a calendar month (this approach makes the accounting and record keeping easier), but it doesn't need to. In the second blank, insert the date on which the rental term will expire. For a one year term, this will be the day before the anniversary of the start date, for example: beginning on February 1, 2017, and ending on January 31, 2018.
If you are planning to sublet your place its important to know that you remain entirely responsible for the obligations of the lease. That said, you can draw up a sublease form by using a standard lease form and fill it out as the landlord. Let your landlord know you are planning to sublet your place and notify them of your sub-tenant nomination. They are allowed to refused the sub-tenant provided they offer serious explanations. A sublet is a sublet (versus assigning a lease) only if you expect to return afterwards.
Who: The parties involved in the contract, the lessor (sometimes called the owner or landlord) and the lessee (sometimes called the renter or tenant) are identified in the contract. A housing lease may specify whether the renter is living alone, with family, children, roommate, visitors. A rental may delineate the rights and obligations of each of these. For example, a "sub-let" to a stranger might not be permitted without permission of the landlord. This also applies to whether or not pets may be kept by the renter. On the other hand, the renter may also have specific rights against intrusions by the landlord (or other tenants), except under emergency circumstances. A renter is in possession of the property, and a landlord would be trespassing upon the renter's rights if entry is made without proper notice and authority (e.g., 24 hours' notice, daytime, knock first, except for emergency repairs, in case of fire, flood, etc.).
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In the event the tenant is adding another individual to the residence (i.e. roommate, family member, etc.), the lease agreement should be consulted for requirements. Standard Residential Lease agreements have guidelines that new tenant additions be added specifically as a co-tenant. The additional tenant may be subject to criminal and financial screening, and rental history review. Furthermore, the current lease agreement may need to be reviewed to ensure the occupancy limit is not exceeded.
A: If the housing was built prior to 1978, the lease/rental agreement will contain a disclosure page on lead-based paint and/or lead-based paint hazards. There is a federally approved disclosure form (“Disclosure of Information on Lead-Based Paint and/or Lead Based Paint Hazards”) and information pamphlet (“Protect Your Family From Lead In Your Home”) that you can download.
Landlord acknowledges that Tenant has a right to allow guests at the Property from time to time. Thus, Tenant may allow guests into the Property for up to fourteen (14) consecutive days without requiring written consent from the Landlord. Guests residing at the Property for longer than fourteen (14) days may only do so with prior written consent from the Landlord.
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The security deposit is often handled as an escrow deposit, owned by the tenant, but held by the landlord until the premises are surrendered in good condition (ordinary wear and tear excepted). In some states, the landlord must provide the tenant with the name and account number of the bank where the security deposit is held, and pay annual interest to the tenant. Other regulations may require the landlord to submit a list of pre-existing damage to the property, or forfeit the security deposit immediately (because there is no way to determine whether a prior tenant was responsible).