Questions on a rental agreement for first rental

[Charlene Stovin]

Hello all

My boyfriend and I are getting ready to rent his house out; there are things that I would like to put in the rental agreement, but I don't know if what I am wanting and asking is realistic - or if there are other questions as well I need to ask and cover ourselves for.

The home is a 3 bed, 2 bath on 2 acres; the property has a seasonal creek that runs through it, but the house is not in danger of flooding

So, here we go:

1) is it possible/viable to put a 3-day no cause clause:  a friend of mine in Oregon added a 3-day no cause eviction clause In their rental contract to cover things like no payments, drug eviction, damage.....but they did it to help ilvaite  the 30 day eviction process.  Is it reasonable or legal to do this?

2) I saw on one of the forums a post that there is something you can put in your rental agreement, which basically states something like: if one of the clauses in the contract can't be enforced, that it will not nullify the contract.  (it prevents the issue if one part of the contract is ruled not enforced, then the rest of the contract will not be nullable) - what is that called?  (the legal term)

3) The creek: do you suggest anything other than home owners insurance to cover if someone where to get into the creek and drown?  I don't see that happening, but when we have rain here in Texas, and a lot of it - there is water ….I don't want to be liable for kids playing in it and getting hurt

4) late fees: when do you recommend charging late fees?  The day after a payment is late?  Can you word your rental such that if they are more than a week late, you can start eviction?  What is a suggested late fee per day?  ($50?, $25?)

5) last one - promise!!  We have a renter we are considering; he has been renting a room from my boyfriend for several months.  We are thinking of letting him rent the house if he does the yardwork for a reduced price; if he doesn't do the yard, we will have to add $200 a month to cover it -do you suggest just hiring a yard maintenance rather than giving him the opportunity to do it?

I am looking for a template for a rental agreement; when I have added what I want, I will take it to a lawyer and have them look at it, make suggestions, etc.

Meantime, I will keep looking for my answers here on BP, I know I have seen some of the same questions, and I am sorry there are so many!

[Jerel Ehlert]

Landlord-tenant law varies wildly between states.  Check with an attorney or real estate broker in your state.