Pay lawyer to create lease, or DIY?

Pay lawyer to create lease, or DIY?

Orlando, FL · Member since 2009 · 2k+ posts · 282 votes

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?

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Real Estate Attorney · Syracuse/New York, NY · Member since 2008 · 29 posts · 4 votes
17y

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.

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  • Real Estate Investor · Longmont, CO · Member since 2009 · 208 posts · 109 votes
    17y

    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.

  • Real Estate Investor · Oakland, CA · Member since 2008 · 63 posts · 17 votes
    17y

    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.

  • Real Estate Investor · Milwaukee, WI · Member since 2008 · 1k+ posts · 671 votes
    17y

    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)

  • Real Estate Attorney · Syracuse/New York, NY · Member since 2008 · 29 posts · 4 votes
    17y

    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.

  • Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
    17y
    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.

  • Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
    17y

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

    Best $$ you will spend.

  • Residential Real Estate Agent · Chandler, AZ · Member since 2009 · 1k+ posts · 928 votes
    17y

    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.

  • Orlando, FL · Member since 2009 · 2k+ posts · 282 votes
    17y

    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.

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