This critical document, gives the tenant the right to occupy a property or unit. Basically, you are granting a tenant(s) the right to live in your property for a specified amount of time, and your primary protection comes from this one document.
As a landlord, it is much too easy to just trust a tenant with your property and assume that everything will be fine. I think this happens a lot more than it should. In reality, although you may have met your tenants and they appear very nice, this may not necessarily always hold true. If things get ugly, you will have to look to your lease to help protect you. And, at some point you may very well need to evict a tenant using a lawyer or doing it yourself. Your primary goal in eviction court is to gain possession of the property back from the tenant.
If you begin eviction proceedings with an attorney, they will first and foremost ask you for a copy of your lease agreement. It's always good practice to use an attorney for an eviction, but attorney's can usually only enforce what is written in the Lease. Even the best lawyers will almost always find it difficult to defend a poorly written or created lease. This lease or rental agreement is critical to your success in the courtroom with or without a lawyer.
To date, I have not found anyone who "likes" paperwork, including me. However, not creating a lease may definitely cause you loss of both time and money, and possible tremendous headaches! If you dare to lease a property without a written lease, you are basically leaving the various laws and courts decide the terms of the lease, also know as an oral lease. It's pretty obvious defending an oral lease is court is risky at best.
There are standard items or terms that a lease should always spell out such as listing the occupants, start and finish dates, whether or not it will renew, and various other critical items. The fact is the more information and detailed your lease contains the better protection it will provide. Here are some things often overlooked in the lease...
Who's responsible for checking smoke detectors, mowing the lawn or shoveling the snow Explain to Tenant the importance of renter's insurance Detailed payment system for rents and late fees
By outlining each of these items in detail, should you or tenant end up in court, the lease will be a legal document and proof as to who is the responsible party.
In addition, if the property was built before 1978, you are required to supply the tenant with a copy of a pamphlet on lead-based paint and a disclosure stating whether the landlord is aware of the presence of lead-based paint. Both you and your tenant must sign this document, which will protect both parties if the legal need arises.
Investing in a good lease can really payoff. Always stay away from oral leases and the so called "free" lease you might find on the internet. Invest some time and money in a great lease and it will really payoff in the end.
In a apartment leasing agreement, the rent due date as well as the penalties for late rent and failure to pay rent are very important to look closely at before signing. Normally, you are given a five-day grace period for paying the rent before any late fees are accumulated. At this time, the property owner can issue additional fees or a five-day pay or vacate order. You cannot fight this common practice. If you sign the apartment leasing agreement, you are aware of the outcome if you fail to pay the rent.
Once you have your required documented papers in an envelope then you are ready to go. This envelope will have a postmark that will verify the date and condition of the apartment when you moved into it. It may be wise to send one to the property owner as well, so there are no misunderstandings. Anything you see that might present a problem with you living there should be reported to the property owner right away. If something needs fixing, see that this is done before you move into the rental or very soon after to keep good communications between the two of you.
Breaking an apartment lease agreement
Breaking an apartment lease agreement can lead to money complications for you and the property owner. As for the property owner, in some cases the property owner will have you pay to place the new advertisement in the paper because you are breaking the lease agreement. This is small amount of money to spend and you should not argue over this small inconvenience since the owner is being nice enough to let you break the lease. You need to make every available effort to help the property owner find a replacement tenant or you become liable for the rest of the rent due.
If the property owner can find someone to rent the apartment, then breaking an apartment lease will be painless. If they are not having any success, you are going to be responsible for the rent and the utilities to keep lights and heat in the place. The water however may be shut off unless it is required for heating. Once the property owner does find a renter, the utilities will be changed and you will no longer be responsible.
The renting eviction notice
The eviction process itself starts with property owner going to court to receive a eviction notice that will be delivered by a process server or the owner themselves. You usually have thirty days to vacate, but again this may vary by state. After the thirty days, if you are not gone, a deputy sheriff can come in and physical remove from the premises. If this happens, you will be allowed to move your belongings out, but very quickly. You may have to schedule a time with the sheriff to come back your property.
If you feel your eviction is unfounded, you may wish to show up for court and ask that the eviction be banished from your record and you will move within a few days. Many people have done this and then they do not have this blemish on their record. This however is up to the judge handling the hearing. You do have to provide good reasoning as to why this should be removed from your record.
Both Kevin Kiene & Sisi Maseko are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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