Help with a question regarding a lease application

5 Replies

Hello BP.  I am filling out a form for my tenants to get a lease created and there is a question I am not sure about.  This is exactly what it says.  "Regarding associations: Is there an applicable association rule that either prohibits a month-to-month tenancy or creates a one lease per year restriction or some other similar restriction?"  I'm assuming this is talking about HOA's?  I am the owner of a duplex which is not under any type of HOA.  Any advice or explanation would be greatly appreciated. Sorry I know this probably seems like a newbie question but I am one.  I just want to be sure I am doing this correctly as the lawyers office is closed and I really want to get this done tonight.   

The best tenancies start with open and honest and clear communication. A stellar lease or rental agreement is key. We prefer month-to-month agreements because they can be adjusted as needed and make it easier to end a tenancy if the tenants don't work out.

That said. First you need to know the landlord-tenant law for your jurisdiction. Then obtain or create a rental agreement that complies with landlord-tenant law, fair housing law, non-discrimination law, and other applicable laws.

Are you planning to use a standard lease agreement you obtained from elsewhere? Where is it from and why did you choose it? Is it a good fit for your type of property? Often prepackaged rental agreements don't serve the landlord or tenant well. Take a look at a variety of rental agreements used in your area for similar type properties. Look for examples of best practices, property rules, rental agreements, legal notices, etc. Some good landlording books give examples. There are examples here on BP too.

I uploaded some of our documents in the BP file place that you might find helpful. Go to Tools > File Place > Other Documents > and look for documents authored by me as far back as 2014. If you see something that would work for you, feel free to modify it for your own use.

All the best!

You first need to learn all your state laws and codes pertaining to landlord tenant regulations. You are starting a business and must know the law. Your lease must be legal.

As a new owner and your first tenant I strongly advise you have your tenant on a M2M lease.

I was planning on using a law firm that specializes in Florida property management. These tenants have lived in the unit for 3+ years, I took over the previous owners lease which expires the end of January. From my research the company I am using is not “pro tenant.” All the correct clauses should be included in the lease. You both made some great points. I will definitely check out what you suggested Marcia. From the info I just provided do you think it is still a bad idea to not have them on a month to month? FYI this is a duplex and I live in the other half. They are quiet and pay every month on time.

@Paul Tibok   We prefer M2M rental agreements. Some landlords prefer long term leases with a termination date. We find tenants stay for as long as they want to stay or for as long as we want them to stay.  Our longest term tenant has lived in the same apartment for 28 years on a M2M rental agreement which renews automatically every month, Many of our tenants have passed the ten year mark. Most have passed the 5 year mark. We can raise the rent or change the terms at any time, with 30 days notice, although we don't make changes very often. We occasionally will update our rental agreement and don't need to wait until a lease expiration date to do so. Some people prefer annual leases that expire at a specific time of year when it's easier for a turnover. But we find people will move when they want to move, lease or no lease. Leases add a complexity because there must be communication by both parties, in writing, to renew or not to renew. More paperwork too. However, in some areas, long term leases are common. It's really a preference.

About your original question.... I would say in your situation the answer would be "non-applicable", as there is no association involved.

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