Rental Property Investor · VT · Member since 2017 · 233 posts · 147 votes
Hi All,
I'm reviewing my lease, and I'm wondering if there's any additions in people's leases that they consider must haves, or perhaps additions to leases after a bad tenant experiences? What is something you'd wish you'd put in your lease to prevent issues? Or simply additions that allow you to highlight some part of the lease, send to tenant as proof of "yeah, you signed and agreed not to do that."
You'd think that is just common sense, obvious, and would not need to be included in a lease. You would be wrong, lol. As was I (at the time).
I also started capitalizing and bolding the area in my lease that basically says, "Security deposit cannot be used as last month's rent."
It's always been in my leases, but have had multiple arguments with tenants (of course, always the bad ones) that no...really, really...they can't. Apparently I'm "outrageous" because "all the other landlords" let people do that.
@Megan Phillips I learned it is important to be specific and vague. Specific so they know what is expected and vague so you can include other things you forgot later.
Here is an example:
Old clause: Tenants are responsible for lawn care.
New clause: Tenant is responsible for lawn care, including but not limited to, mowing, leaf clean up, watering, fertilizing, weed treatment, pest treatment; general care of plants, bushes, trees including trimming; rock maintenance, gutter cleaning. Tenant is responsible for all other yard care to maintain compliance with city and state ordinances and to protect the visual appearance of the property. Tenant is responsible for any costs that result from improper care.
I am continually modifying my lease every time a tenant finds a loophole. A lease is a living breathing document.
As stated before, its good and all to have all these provisions in your lease......but you had better be sure they are legally enforceable. Just because you write it and they sign it, doesn't make it legal.
I'd like an attorney to address the "just because the landlord and tenants sign it doesn't make it legal" statement by some. How is this different than any other contract between two parties? If there is nothing illegal in the lease, or the part in the lease isn't directly dealt with in tenant law, how does it not make it a legal contract? For example, my state says that late fees cannot be more than $20 per day or $100 per month. Therefore, it's not binding if I write and tenant signs off on $1,000 per month late fee. However, if I state it's $20 per light bulb to be replaced, and city or tenant law does not state you cannot charge this, it seems to me to be a binding contract. And no, I'm not talking about actually getting payment from that turnip, just judgment.
I have in the lease that if any part is considered unenforceable, that it does not make the entire lease unenforceable, just that part, which can then be edited to comply with local law or omitted from the lease.
I take a more liberal approach by offering $500 / $700 cash after a move out ,CONSIDERING tenant has paid on time and adheres to resolve any issue which cost under $100 in repairs. Giving tenant positive incentives has saved me chasing rents and fixing a toilet chain. I consider the $500 my Home warranty policy .
I would add a statement addressing the tenant's/ renter's available storage space and how much is provided for the tenant/renter and appropriate places for storage.
A renter's belongings and where they expected to store them has been an issue more than once. The first time, I lived in a very small, log cabin, and decided to rent a portion of it to a friend who needed a place to crash for a few months. She had seen the space before agreeing to rent, but boy was I shocked and overwhelmed on move-in day. Box after box after box she brought that filled my tiny little 800 square-foot, already furnished, cabin. The boxes filled her living space, as well as overflowed into mine, and she refused to unpack and put her things in the provided areas I had made available to her. It caused a great deal of conflict as there were boxes literally everywhere. Needless to say, she moved out quite quickly.
The second time, I had rented a room in my home to a young girl. She was granted some space to store her bike, and other things-she didn't come with quite as much as the last tenant. Before I knew it she'd bought a boat and put it in the den, and then expected to store it in the yard once she moved it from the den.
I've updated the lease to specify specific storage spaces-a small space in the attic, and a space no larger than a bike in the shed- outside of the tenant's personal space, and included a storage fee for larger items, and a clause stating that at any time I need the space, the tenant must remove the item and seek to store it off site.