What's the typical lease missing that you've added to yours?

General Landlording & Rental Properties
5yFollow

What's the typical lease missing that you've added to yours?

John RinggoldBusiness Member
Real Estate Agent · Topeka Kansas · Member since 2020 · 79 posts · 47 votes

What is one thing you've added to your lease that may not be in the standard lease that has prevented a problem you had from happening again?  

Not looking for the specific wording unless you'd like to share, but the "why"behind the addition would be a good start. :)

In the process of purchasing our first duplex and we have the BP Lease for our state downloaded and ready to go, but I am hoping to learn from the more experienced to hopefully protect myself from issues from the beginning. 

Not looking for "legal advice" and will run anything we like by a lawyer, but I was hoping for your input.

[email protected]785-806-2711
Team Ringgold @ KW One Legacy Partners4.8156 Reviews
WebsiteView Page
13Reply
401 views

Most Popular Reply

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
5y

One of the biggest clauses: Tenant has been given the opportunity to inspect the rental and accepts it "as is" without any expectation of additional cleaning or improvements.

I got so tired of applicants telling me a place was "PERFECT" for them, only to get complaints after they moved in. They would complain it wasn't clean enough, the rooms are too small, the carpet needs to be replaced, or the walls need to be painted. I now stress very hard that they are accepting it as is and we will not make any changes after they occupy unless it's been specifically agreed to in writing when they sign the lease.

The DIY Landlord Book4.7243 Reviews
WebsiteView Page
28Reply
See this reply in the discussion

91 Replies

Jump to latestLatest
  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
    5y

    One thing I have added to my leases over the years that may not be common: I specify particulars of pet care if there is a pet (aside from name and description of pet). I prescribe how often dog waste in yard must be picked up (not less than 3 times weekly), how often litter boxes must be cleaned (daily), that dog nails must be kept clipped short to prevent damage to floors, etc. It might sound dumb - or maybe overbearing - but I have learned over the years 2 things:

    1. Anything you fail to tell renters in writing never existed in the first place;

    2. Renters that see you are that serious and meticulous about your property will either comply or move on and rent from someone else.

    I do the same with some other things (lawn care, for example, which we are taking over and phasing out the tenant doing) because I want the tenant to know I am a particular, meticulous PITA that you don't want as your landlord if you find any of that stuff unreasonable. 

    Podcast Guest on Show #243
    Skyline Properties
    View Page
    16Reply
  • Renee Potoczny
    Largo, FL · Member since 2016 · 53 posts · 62 votes
    5y

    1. No open flames/candles of any kind

    2. No feeding wild animals (including stray cats)

    3. Take trash cans to the curb on the 2 trash pick up days

    4. No smoking on the property.  We don't rent to smokers

    5.  Landlord will change air filters for the unit

    6. Specify number of vehicles per unit.  Specify if you allow motorcycles/boats

    7.  Guests can not stay for more than 7 consecutive days

    13Reply
  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    5y

    1. Any unapproved pets may result in a forfeiture of deposit.

    2. No aggressive breed dogs as defined by my insurance company.

    3. Anyone not one lease or approved in writing living on the property for a week or longer results in $100 extra rent per month.

    4. No pools or trampolines.

    5. Unregistered vehicles will be towed at owners expense.

    6. No appliances located outside the house.

    I'm sure I have more.

    12Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    One of the biggest clauses: Tenant has been given the opportunity to inspect the rental and accepts it "as is" without any expectation of additional cleaning or improvements.

    I got so tired of applicants telling me a place was "PERFECT" for them, only to get complaints after they moved in. They would complain it wasn't clean enough, the rooms are too small, the carpet needs to be replaced, or the walls need to be painted. I now stress very hard that they are accepting it as is and we will not make any changes after they occupy unless it's been specifically agreed to in writing when they sign the lease.

    The DIY Landlord Book4.7243 Reviews
    WebsiteView Page
    28Reply
  • Jennifer Ruelens
    Property Manager · Williamsport, PA · Member since 2020 · 93 posts · 74 votes
    5y

    This is a huge game changer for your leases.  Always list a consequence (usually financial) to the lease violation.  This is especially great when the violation is small and not normally eviction worthy, but you need compliance.  You can charge the fee or not, up to you.  I always charge the fee the first time and then I don't have the problem near as much moving forward.  e.g. smoke detector found not installed and working properly, fine $xxx, cigarette butts thrown on the property, fine $xx + cost to clean it up, lawn/snow not maintained properly, fine $xx.  Make the fine higher than you think you should.  You don't actually want the fine money, you want less headaches!

    Same logic for not providing enough notice, what if they don't provide the required notice?  What is the financial consequence?  It is never enough to simply ask for what you want in the lease, you have to detail what happens when the tenant doesn't comply or ignores you. 

    14Reply
  • Adam Martin
    Rental Property Investor · Member since 2020 · 1k+ posts · 1k+ votes
    5y

    I'm not sure this is actually enforceable but I have in my lease that upon turnover for any repairs or damages they will be responsible for billed costs if I hire out or $45/hour if I have to do it.  My hope is that this is a good deterrent because my #1 goal is to walk into the home upon inspection and have the tenant owed all their money back due to how well they took care of the place.  If not $45/hour is worth my time.  On my last turn the renters extended their moveout by 2.5 weeks and were in a hurry to get their deposit back.  I inspected without them there and they literally did nothing to clean.  Probably the smallest but most frustrating part was a skid mark on the toilet seat, that just told me they didn't give a s**t about how they left the place.  I called them and told them they needed to clean and left them a detailed note of what needed to be cleaned to get the deposit back.  This offended them and they chose to do nothing and I chose not to give anything back with an itemized list but didn't charge for my time since I hired some out, some was for the holdover, and some was due to damage and I had quotes.  

    7Reply
  • Julie Hartman
    Property Manager · Denver, CO · Member since 2021 · 667 posts · 587 votes
    5y

    We had to add in along with no smoking cigarettes, no vaping or marijuana. Tenants don't understand that just because weed is legal in CO doesn't mean it's legal at the federal level. We also don't allow grow ops. It's sad we actually have to spell this stuff out for people now. 

    6Reply
  • Jennifer T.Pro Member
    Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes
    5y
    Originally posted by @Carl Mathis:

    I do not know of the legality of this but I will add it to my next lease if my attorney can word it properly:

    The deposit is not a debit account the tenant may use to charge extra expenses against - it must remain 100% funded for the duration of the tenancy in order to cover expenses associated with the TERMINATION of occupancy. Failure to pay tenant expenses during the term of the lease is a lease violation and cause for termination.

    I have these jokers now who want to treat it like a debit card to pay late fees etc - by the time they move out there will be nothing left.

    Along these same lines, in my lease it is capitalized and bolded that the security deposit cannot be used for the last month's rent.  I don't know if it's the areas  or city (New Orleans) my rentals are in, but I've received this pushback from about 25% of my previous tenants.

    My "favorite" tenants who argued this had only paid first month's rent and half the security deposit upon move-in.  With the promise that they would give me the rest of the security deposit when they received it back from their previous LL.  This was very early in my rental career.  I NEVER accept less than first and full security now.  They only gave another $100 for the security and were problems by the second month.  They wanted to break their lease early and, long story short, also wanted to "live out" the scant less than 3 weeks they had of their SD.  I told them no.  I would work with them on a move-out plan (and offered them one) and would return their SD promptly, assuming they didn't have any damages or unpaid rent, but that is not what the SD is for and they absolutely could not "live it out".  They were transplants from GA.  They were mad and pretended to be "shocked" about it.  They started to tell me it must be extra strict in NOLA because, everywhere else they've lived, they lived out their SD.

    What I wanted to say, but didn't because there is no use in provoking an argument was, "I'm so confused!  Was it a lie that you didn't pay the full SD on move-in because you were waiting to get it back from your previous LL?  Or are you lying now by saying you've always lived out your SD?"

    Not related to the above:

    --I also include in my leases that I can control what they have in the yards.  It's nicer and more professionally sounding than that in the lease clause.  But that is the gist.  That was after I had a tenant who parked a dead car with no plates diagonally across the front lawn, along with a broken dryer.

    --Tenants are also responsible for their own pest control after the first 14 days.  Because it is usually something they are doing to cause the pest problem in the first place.  With that said, I do take it on a case by case basis.  If I don't feel a tenant is doing anything to cause the problem, then I will take care of the cost.  If it's fuzzy vermin, like rats and mice, I will also pay for it if the tenant can't so the property doesn't get destroyed.  But it needs to be paid back over a plan.  
      

    3Reply
  • Curtis Mears
    Property Manager · Raleigh, NC · Member since 2014 · 729 posts · 596 votes
    5y

    @John Ringgold

    North Carolina law has a specific section regarding duties of both landlord and tenant. I cut and pasted this into my lease.

    1Reply
  • Curtis Mears
    Property Manager · Raleigh, NC · Member since 2014 · 729 posts · 596 votes
    5y

    @John Ringgold

    Added a section saying fireplaces are for decoration only and are not to be used. They have never been safety inspected and are deemed to be unsafe for use.

    2Reply
  • Dennis Wayne
    Member since 2020 · 339 posts · 356 votes
    5y

    My lease is so iron clad it is embarrassing to read to the tenant on move in ! However it really doesn’t matter what you put in it because it’s a contractual agreement between two parties and only as good the people signing it . Most tenants will lose it right away and surely never read it . In fact very few times will a judge even read it in my experience at eviction hearings

    6Reply
  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
    5y
    Originally posted by @Adam Martin:

    I'm not sure this is actually enforceable but I have in my lease that upon turnover for any repairs or damages they will be responsible for billed costs if I hire out or $45/hour if I have to do it.  My hope is that this is a good deterrent because my #1 goal is to walk into the home upon inspection and have the tenant owed all their money back due to how well they took care of the place.  If not $45/hour is worth my time.  On my last turn the renters extended their moveout by 2.5 weeks and were in a hurry to get their deposit back.  I inspected without them there and they literally did nothing to clean.  Probably the smallest but most frustrating part was a skid mark on the toilet seat, that just told me they didn't give a s**t about how they left the place.  I called them and told them they needed to clean and left them a detailed note of what needed to be cleaned to get the deposit back.  This offended them and they chose to do nothing and I chose not to give anything back with an itemized list but didn't charge for my time since I hired some out, some was for the holdover, and some was due to damage and I had quotes.  

     It would depend on your state but not legal in the ones I know, i.e. you can't pay yourself for work on turnover. Always pay someone else to do the work if it really exists. If you are just talking about a couple of blinds, I just charge for the parts and call it a day and put them up for free next time I am there. Always pay for cleaning unless it is just a quick dust and wipe.

    Podcast Guest on Show #243
    Skyline Properties
    View Page
    2Reply
  • Dennis Wayne
    Member since 2020 · 339 posts · 356 votes
    5y

    Multiple times I’ve judges not even leaf through  my lease and just make a off the cuff decision at the bench . All that wording and crafty legal strategy had zero value 

    3Reply
  • Suzette T.
    Rental Property Investor · Acadiana / South Louisiana · Member since 2019 · 115 posts · 49 votes
    5y
    Originally posted by @JD Martin:
    Originally posted by @Adam Martin:

    I'm not sure this is actually enforceable but I have in my lease that upon turnover for any repairs or damages they will be responsible for billed costs if I hire out or $45/hour if I have to do it.  My hope is that this is a good deterrent because my #1 goal is to walk into the home upon inspection and have the tenant owed all their money back due to how well they took care of the place.  If not $45/hour is worth my time.  On my last turn the renters extended their moveout by 2.5 weeks and were in a hurry to get their deposit back.  I inspected without them there and they literally did nothing to clean.  Probably the smallest but most frustrating part was a skid mark on the toilet seat, that just told me they didn't give a s**t about how they left the place.  I called them and told them they needed to clean and left them a detailed note of what needed to be cleaned to get the deposit back.  This offended them and they chose to do nothing and I chose not to give anything back with an itemized list but didn't charge for my time since I hired some out, some was for the holdover, and some was due to damage and I had quotes.  

     It would depend on your state but not legal in the ones I know, i.e. you can't pay yourself for work on turnover. Always pay someone else to do the work if it really exists. If you are just talking about a couple of blinds, I just charge for the parts and call it a day and put them up for free next time I am there. Always pay for cleaning unless it is just a quick dust and wipe.

     Not trying to interrupt this thread - can you elaborate on the cleaning? ...leaving the house never dusted, never mopped, toilets never scrubbed. It is disgusting!

    0Reply
  • Suzette T.
    Rental Property Investor · Acadiana / South Louisiana · Member since 2019 · 115 posts · 49 votes
    5y
    Originally posted by @Dennis Wayne:

    Multiple times I’ve judges not even leaf through  my lease and just make a off the cuff decision at the bench . All that wording and crafty legal strategy had zero value 

     Nooo!

    Was this for better or worse?

    1Reply
  • Debbie C.
    Member since 2019 · 118 posts · 74 votes
    5y

    @John Ringgold

    I have SFH rentals and have several items I have added to the lease.

    No one can be on the roof or attach anything to the roof. ( This was after tenants were nailing x-mas lights across the entire roof)

    No changes can be made to the landscaping.

    Driveway or street parking only, not allowed anywhere else.

    Property is to be kept free and clear of clutter, if there is any issue for fire hazard, termites, rodents (etc. the lease lists more), then they can be required to remove whatever is listed in our notice as the problem.

    And one of my favorite add on's is: When notice is given to tenant for work/repairs to be done on the property, inside or outside, and landlord, or any contractor or vendor is denied access, or cannot access house or yard for any reason, then tenant will be charged a 65.00 fee. It is the tenants responsibility to respond to notices sent as requested. Failure to do so, may result in notices being mailed certified or delivered by other means that will result in a 25.00 notice fee charged to tenant.

    All of my add on's have fees listed for whatever the violation is. I agree with @Jennifer Ruelens 100 %. If I want the tenant to comply, then the fee that they will be charged for the violation is stated clearly.

    2Reply
  • Lynnette E.
    Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    5y

    I have historic houses for some of my rental properties.  I write that in order to keep the historical aspect of the house, and because the house is over 100 years old, many of the original characteristics do not meet the current building code such as the height and width of stairs and the height of railings.  Care, no horseplay around the historic features, and supervision of children is required when living in this historic home.

    This house has undergone at least two pest control applications and is pest free.  It is the tenant's responsibility to keep it that way.

    Anyone staying more than 2 nights a month must be approved by the landlord.

    This property may not be used as a short term rental.

    1Reply
  • Vasyl Levchenko
    Rental Property Investor · Chicago, IL · Member since 2021 · 24 posts · 30 votes
    5y

    @John Ringgold

    All tenants are provided with sink strainers on move in date, lease says that they have to use them and if the sink is clogged because the strainer wasn't used the tenant pays for unclogging it.

    6Reply
  • Steve K.
    Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    5y

    43. Emotional Support Animals (ESAs). ESAs are not service animals and are not protected under the American Disabilities Act. They are however protected under the Fair Housing Act, Section 5. Failure by Resident to obtain written permission from Manager prior to introducing an ESA is a lease violation. The standard pet fees and any applicable lease violation fees will apply if Resident(s) are found not to be in compliance with ESA Certification requirements as follows: ESA Certification requires diagnosis from a local mental health professional. It must be signed, dated, valid for the entire period of the lease agreement, and on the official letterhead of the local mental health professional. Manager must be able to verify the presence of a disability and the link of the animal to the disability with the local mental health professional that provided the certification. The nature of the disability does not need to be disclosed. Manager does not accept any ESA certification obtained online. Legal reasons Manager may deny an ESA, determined at the discretion of Manager, include:

    1. The animal is too large for the accommodation size.
    2. If the building has 4 units or less and the owner lives in one of the units.
    3. If the property is a SFH and the owner owns less than 3 SFH's.
    4. If the animal brings an undue financial hardship to the building owner.
    5. If the animal causes damages or harm to others in the building.

    Also just added "No Waterbeds", don't ask me why. 

    7Reply
  • Miho Y.
    Investor · Huntington Beach, CA · Member since 2015 · 105 posts · 25 votes
    5y

    @John Ringgold no grace period for late payment. We start the eviction process if no notice for late payment is given in advance.

    1Reply
  • Kyle Varga
    Investor · UT · Member since 2020 · 26 posts · 22 votes
    5y

    @Carl Mathis, that is close to the standard line used in most leases I've seen. Deposits are only used for expenses at move out.

    0Reply
  • Kyle Varga
    Investor · UT · Member since 2020 · 26 posts · 22 votes
    5y

    @John Ringgold 10% late fee after required grace period plus 1% per day on current owed balance. Some states won't let you charge this high but I've never had a problem.

    $100 notice fee - used for lease violations giving a 3 day etc.

    Attach any HOA regulations and stipulate any fees, fines etc that are charged by the HOA other then dues will be charged to the tenant ledger.

    1Reply
  • Jonah T.
    Rental Property Investor · Saint John, NB · Member since 2019 · 6 posts · 2 votes
    5y

    Does anyone have something in their leases for ongoing repairs due to tenants damage? I have damaged furniture and a door with a fist hole but my tenant is an expert and is telling me they will fix these themselves as they don't like the cost I am giving them... first time landlord and my oh my am I ever learning some lessons! Did not do a good enough job screening.

    0Reply
  • Greg Soon
    Member since 2019 · 112 posts · 19 votes
    5y

    This is great thread.

    I am thinking to specify in the contract that I will provide internet service and ask the tenant to pay for it. The tenant can change service plan but needs to use my router because I need to set up camera surveillance outside. I will also specify that they can not tamper the surveillance cameras, disconnect it.

    How does this sound? Is 5here a better way doing it?

    2Reply
  • Marc RiceBusiness Member
    Real Estate Agent · Columbus Cleveland Dayton, OH · Member since 2018 · 2k+ posts · 1k+ votes
    5y

    @John Ringgold

    - no fish tanks

    - no hanging of banners, political flags, or signs.

    [email protected]614-363-2787
    Marc Rice | Investor Friendly Agent at Reafco Tailwind Team574 Reviews
    WebsiteView Page
    3Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free