Agent · Columbus, OH · Member since 2014 · 77 posts · 23 votes
I am just getting ready to close on my first duplex in a few weeks and I am thinking about what I need to talk with my lawyer about to make sure I am including in my lease. What has been helpful for you/something you have in your lease that you think is unique and has CYA.
The above ideas are great, here is what I can add:
Noise- have some sort of "use and quiet enjoyment" clause, and maybe quiet hours. Even if it just reminds them that they have neighbors that can hear them, it is worth it.
Storage- Define where they can store items- whether it be no storage outside their unit, or an area in the basement.
Smoke alarms- Impose a fine for removing them
Lock out policy- What happens if they lock themselves out, will you provide keys, if so when and is there a fee? We unlock the apartment during business hours if we are available or they can call a locksmith.
Some obvious things that weren't in my lease before, but will be from now on due to one of my tenants:
Light bulbs- their responsibility in their unit, have them let you know about bulbs that need to be changed in the common areas.
Plumbing- Suggest running hot water to help clear shaving cream and tooth paste from slow drains, and allow the use of Drano or other drain cleaner if needed. If the drain cleaner does not solve the problem, have them contact you.
- Also, allow only toilet paper and human waste in the toilet, and do not allow flushable wipes. One of the neighbors was using the wipes and had all kinds of plumbing issues due to these things, and obviously you don't want anything else flushed that is not supposed to be.
Justin, congrats on the duplex! I just purchased one about 3 years ago and am still learning a lot. I think you learn more with each new tenant. My biggest problem right now are probably things you already thought about, but my ignorance has caused me many issues: have a visitors clause in your lease, and on the application be sure to ask about past criminal history. Both are common sense; however, I used a lease from a family member who had been renting their property for years, yet didn't have either of these things in there. Luckily, they had never run into a problem, but I have and will be adding it into my lease for the next tenant.
Consider including an abandonment clause. Here's why: Say your tenant misses a rent payment and then doesn't return calls. You think they've skipped, but you're not sure. You could begin the eviction process, but that would involve legal fees and lost time.
Instead, what if you could just call up their electric (or water or gas) company and confirm they've cancelled service? If they have, then under this clause you could declare the property abandoned and then reclaim it without filing the eviction or further delay.
Clearly, you'll want to get your attorney's blessing on the language, and I'm certainly not offering legal advice. That said, here's what we use:
The above ideas are great, here is what I can add:
Noise- have some sort of "use and quiet enjoyment" clause, and maybe quiet hours. Even if it just reminds them that they have neighbors that can hear them, it is worth it.
Storage- Define where they can store items- whether it be no storage outside their unit, or an area in the basement.
Smoke alarms- Impose a fine for removing them
Lock out policy- What happens if they lock themselves out, will you provide keys, if so when and is there a fee? We unlock the apartment during business hours if we are available or they can call a locksmith.
Some obvious things that weren't in my lease before, but will be from now on due to one of my tenants:
Light bulbs- their responsibility in their unit, have them let you know about bulbs that need to be changed in the common areas.
Plumbing- Suggest running hot water to help clear shaving cream and tooth paste from slow drains, and allow the use of Drano or other drain cleaner if needed. If the drain cleaner does not solve the problem, have them contact you.
- Also, allow only toilet paper and human waste in the toilet, and do not allow flushable wipes. One of the neighbors was using the wipes and had all kinds of plumbing issues due to these things, and obviously you don't want anything else flushed that is not supposed to be.
Consider including an abandonment clause. Here's why: Say your tenant misses a rent payment and then doesn't return calls. You think they've skipped, but you're not sure. You could begin the eviction process, but that would involve legal fees and lost time.
Instead, what if you could just call up their electric (or water or gas) company and confirm they've cancelled service? If they have, then under this clause you could declare the property abandoned and then reclaim it without filing the eviction or further delay.
Clearly, you'll want to get your attorney's blessing on the language, and I'm certainly not offering legal advice. That said, here's what we use:
Be sure your abandonment clause is in alignment with landlord-tenant law for your jurisdiction. For properties in Washington State we must follow RCW 59.18.310. It defines what constitutes abandonment and what the landlord can and can not do.