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Forums » Rental Property Questions & Landlording Issues » what you have learned to include in your lease

what you have learned to include in your lease Subscribe to what you have learned to include in your lease

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Hi,

I would like to get everyone's thoughts if you care to share them about what experience has taught you to include in your lease. I mean beyond the standard lease that I am sure is similar in most cases for a small multi-unit apartment building. I will share mine first. That I need to be specific about the trash clause. That absolutely no litter/rubbish cans, glass, paper items may be left outside the unit or anywhere at the exterior of the building including balconies, stairways, outside seating areas, doorways. They must be disposed of in a receptacle. It is amazing what people will just toss on the ground and walk away from. Even with the most detailed cautious lease it seems that 'your/my' specific situation will bring up an issue that was not specific enough in the lease.

Would love to know others experiences and what you will not leave out of your lease now due to an experience that taught you the lesson.

Thanks!


Real Estate Investor · sioux falls, South Dakota


A guillotene provision,tic.


Real Estate Investor · Indianapolis, Indiana


Originally posted by Rich Weese
A guillotene provision,tic.


what is your guillotene provision?

Real Estate Investor · Indianapolis, Indiana


I recently moved my pay by dates from the 3rd to the 2nd. I had tenants rent due on the 1st and late after the 3rd. People just seem to think the rent is due on the 3rd and call at 9 pm with the money. Now if it's not paid by the 3rd then I can file for eviction. The slack is over...


Real Estate Investor · Ooltewah, Tennessee


Here are three key points I spell out in my leases:

1.) Rent is due on the 1st of the month. After that it is late. I give a grace period to the 5th at 5:00 pm. If they come in at 6:00 pm on the 5th and say they are only 1 hour late, I explain that they are 5 days late not 1 hour late. I have a $50 late fee. I'm fortunate to have good tenants, and I rarely need to charge a late fee.

2.) No pets.

3. ) Must give me a 30 day move-out notice, so that I can begin advertising for future tenants.

These are three big ones that I put in the lease and emphasize verbally when signing a lease. I also agree with you on the trash one as well.


Real Estate Investor · Dallas, Texas


Bumping this topic...

What's in your lease?


Real Estate Investor · Baltimore, Maryland


No repairs.

Access to premises with 24 hours notice

Allocation of payments in this order... Late fees, fines/citations, water/sewer, and finally rent.

As an aside but related... we implemented a rigorous move-in, safe and clean, and move-out inspection system that protected us 100% when standing before a judge.


· Houston, Texas


Originally posted by Peter Giardini
No repairs.

Access to premises with 24 hours notice

Allocation of payments in this order... Late fees, fines/citations, water/sewer, and finally rent.

As an aside but related... we implemented a rigorous move-in, safe and clean, and move-out inspection system that protected us 100% when standing before a judge.

That's great Peter. Do you incorporate picture taking on the move-in and move-out too?


SFR Investor · Scottsdale, Arizona


Peter, can you touch on that a little more? I think besides myself, others would like to see that.


Real Estate Investor · Baltimore, Maryland


OK...

Here is the background.

Picture yourself in front of a judge defending why the tenant did not deserve her security deposit back.... and being told by the judge that it looked like we forged the documents... essentially calling my wife, Vicky, a liar.

We lost and Vicky was completely devestated... and that actually became a good thing because her motto after that was... "a tenant will never get one over on me again... EVER"

Here are the mechanics of the system Vicky put into place.

Upon move-in the tenant is given a three-carboned property inspection check-in sheet. This is their opportunity to note things that could be come issues upon move-out. Things like a small stain on the kitchen floor or nic in the counter top. Sometimes tenants also find things that you as the landlord need to address.

This move-in inspection is in their words/handwritting and when completed they get the original. The other two copies go into the tenants folder.

Now you have a baseline in the tenants words of the condition of the property... and yes we take pictures of the tenant as they are inspecting the property.

The safe and clean inspections are intended as a mechinism for you to routinely (90 to 120 days) to inspect to ensure there are no issues with the tenant or with things you need to fix. They are announced via a standard letter to the tenant which spells out what we were looking for and what they should be preparing for.

You conduct this inspection. While it is nice to have the tenant there it is not required.

Again, three-carbons. The original and a copy stays in the tenant's folder and a copy is left for the tenant.

If there are issues then another inspection is scheduled... usually within 2 weeks.

The move-out inspection is just the opposite of the move-in.

You conduct the inspection as part of the check-out. Make sure to have the move-in inspection with you.

You note any issues that you find with the property. Things like a broken screen or bugs, or dirty appliances. I am being nice here... I have moved some tenants out of some pretty trashed places.

Anyway... the move-out inspection is your record of how you found the condition of the property. We request that the tenant sign the document acknowledging the items found. In many cases the tenants would not... but it didn't matter... we always won.

And of course we took photos of the items we were noting on the move-out inspection.

Since Vicky implemented this approach our reconciliation of security deposits was almost never questioned and the few times we found ourselves in front of a judge it was a slam dunk on our part.

It's all about having the right paperwork and using it!

I hope this explains the process further.


Real Estate Investor · Vicksburg, Michigan


I include this in mine. This is for MI.
41. Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can cause health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, owners must disclose the presence of lead-based paint hazards in the dwelling. Renters must also receive a federally approved pamphlet on lead poisoning prevention.

42. Truth in Renting Act Notice: The following notice is required by Michigan Law (MCLA 554.634). Notice: Michigan Law establishes rights and obligations for parties to rental agreements. This agreement is required to comply with the Truth in Renting Act. If you have a question about the interpretation or legality of a provision of this agreement, you may want to seek assistance from a Lawyer or other qualified person.
Herbster


Homeowner · Shreveport, LA


Oops, looks like I didn't update my page before posting.


· Plano, Texas


I have a gardener that mows, edges and trims the trees at my properties, and just recently one of my tenants was complaining about weeds growing in the flower beds and a vine that was becoming unruly.

I now make it a point that the tenant understands, in writing of course, what the gardener is paid to do and what the tenant is required to do.

One another note, I have addendums regarding, "smoke detector & fire extinquishers", "Info regarding Renters Insurance". Again, signed by the tenant.

Hope this is useful.


Residential Lender · Littleton, Colorado


Really great responses. I copied some of them to add to my lease.


Real Estate Consultant · Memphis, Tennessee


In mylease, I have them write down eveyone who will be living at the property even if they are not signing the lease. This has given me other sources to track down past due money.


Real Estate Agent · Imperial Beach, California


Car(s) will be parked in the garage or drive way by a properly titled and licensed vehicles only. Parking on the grass is a violation of the lease and will be cause for eviction. Storage of non-operational vehicles will be offsite.
Military clause if member gets orders for greater than 179 days. They can break the lease at no cost to them. Providing all other conditions of the lease have been met, With 30 days notice!
10 dollar rent discount for direct deposit. I raise the rent to cover this discount.


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