Pay lawyer to create lease, or DIY?

I've found a rental agreement that was created by my state's courts for single family homes, and duplexes. Would it be safe to use that lease and just change some things based on my choices (about pets, smoking, etc.) or do most people hire a lawyer to do one from scratch?

Edited: 06/26/2010 at 08:54AM

Shanti S.

· Western, Massachusetts

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Icon_minipost Jul 09 '09, 04:55 AM

I would look at as many examples as you can find, pull the parts you really like from each together, and then probably have an attorney review it as a final step.

It should save you $ versus paying them to start from scratch, and they may catch something that would be disallowed in your state. Pay for an attorney's time when you have very specific and focused questions you need them to address, never for anything you can prep yourself is my feeling...

I am guessing that the generic one is impartial or possibly too strong on the tenant's side. I would go for the strongest one allowed by state law in favor of your rights as a landlord.

Edited: 06/26/2010 at 08:54AM by Shanti S.

Niman S.

Real Estate Investor · Oakland, California

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Icon_minipost Jul 09 '09, 05:03 AM

Generally, I recommend DIY with everything.... except anything that involves an attorney :)

Forking out the cash up front can save you a lot of money and headache in the future.

But I guess it really depends on what you are trying to do. I typically use the state lease forms. Haven't had an issue yet... But if I were to draft my own, I'd certainly use a lawyer.

Edited: 06/26/2010 at 08:54AM

Jeffrey K.

Real Estate Investor · Milwaukee, Wisconsin

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Icon_minipost Jul 09 '09, 06:47 AM

I live in wisconsin and use wisconsin legal blanks. The only people who use their own lease are either stupid or huge. The huge guys use the same one, but it has a few things specific to their company and their logo on it (printed by the same people)

Edited: 06/26/2010 at 08:54AM

Tony D'Anzica, Esq.

Real Estate Attorney · Syracuse/New York, New York

29 posts
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Icon_minipost Jul 09 '09, 11:11 AM

Speaking as an attorney and a property manager, I recommend having a landlord-tenant attorney prepare one good lease for you. I am constantly revising my leases and tightening them up. As you gain experience you may also decide that there are certain issues you want to have addressed with more specificity then your generic stationary store lease does.

Tony L. D'Anzica, Esq.

Edited: 06/26/2010 at 08:54AM

Bienes Raices

· Orlando, Florida

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Icon_minipost Jul 10 '09, 01:39 AM

Originally posted by Tony D'Anzica, Esq.

Speaking as an attorney and a property manager, I recommend having a landlord-tenant attorney prepare one good lease for you. I am constantly revising my leases and tightening them up. As you gain experience you may also decide that there are certain issues you want to have addressed with more specificity then your generic stationary store lease does.

Tony L. D'Anzica, Esq.

Thanks Tony. Do you think I should try to create to create part of the lease on my own and then go to the attorney and have them perfect it, or just go to them with nothing and tell them my preferences on pets, etc.? Tahnks.

Edited: 06/26/2010 at 08:55AM

Scott M.

Real Estate Investor · Rochester Hills, Michigan

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Icon_minipost Jul 10 '09, 11:13 AM

If your doing one home stick with what you have - if your doing many then hire an attorney.

Best $$ you will spend.

Edited: 06/26/2010 at 08:55AM

Justin S.

Rehabber · Chandler, Arizona

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Icon_minipost Jul 10 '09, 11:22 AM

Someone on BP posted before:

"If you think using a professional to do a job is expensive, wait to see what it costs you when you use an amateur."

Or something like that. I would spend the money now, get your bases covered for the what-ifs that will pop up.

Edited: 06/26/2010 at 08:55AM

Justin S., Wheelhouse Properties
E-Mail: wheelhouseproperties@gmail.com
Telephone: 4806780446
Website: http://www.wheelhouseproperties.com
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Bienes Raices

· Orlando, Florida

1933 posts
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Icon_minipost Jul 12 '09, 10:32 PM

Thanks for all the replies.
I'm going to use an attorney. I'm finding some now and emailing them.
I was wondering if it would make sense to create a rough draft lease with clauses that I want in advance, or if that's a waste of time and effort and I should have them do the whole lease.

Edited: 06/26/2010 at 08:56AM