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.
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.
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
Great list! Can you explain the reasoning behind item 2? Does it include birds and squirrels? My best tenant is an older single gentleman who lives in an expensive four bedroom house by himself. Rent is always early and he keeps the property in better condition than I keep my home. He likes to feed squirrels and birds. He keeps to himself, but that is an interest of his. I get not wanting stray cats or potentially some other animals. Just curious what happened that lead you to add this.
Thank you! Cats and raccoons are the reason behind item 2. Food dishes were left out and the cats would go to the doors meowing whenever they wanted food, lol! I used to be a manager with a staff of 300, so I've learned setting up super strict rules leaves less room for interpretation. Seems to be the same with managing tenants.
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?
I am on my 1st rent by the room property where I am an owner occupier..I honestly haven't had any issues yet. I was very upfront about keeping the place clean. One thing that I think helped was to put a "Rules and regulations" about cleaning up the kitchen sink when you're done, wipe down the bathroom and to have quiet hours between 11pm-8am.
What I've heard -- when there are charges and fees due but tenants don't pay them, you can apply their rent payment towards those charges and fees and treat it as they haven't paid rent. That's what the big PM companies here do.
@Dennis Wayne this is something I’ve always been curious about. Let’s say I have an ironclad lease. Let’s use an example. Let’s say I have in the lease “you will pay $100 penalty/fine if you are caught smoking in the residence.” I charge them $100 and they don’t pay. Then I add late fees. They still don’t pay. Let’s say they just never decide to pay it, but still pay their rent. Do you evict them and if so, will a judge force them to pay? And if so how much is out of your pocket going to court or is it even worth the fine?
I just see a lot of people on here saying their lease will cover it, but I’ve met some pretty terrible people who just don’t care. I just don’t feel a little fine or penalty of something will worry them too much. Do these people truly ever get a punishment or held accountable at the end of the day if they chose to follow nothing?
For rural property, "visibly evaluate and determine if an outdoor area has changed or become uneven, unstable or dangerous BEFORE using it. If an area becomes dangerous, DO NOT USE IT, cordon off the location and call me immediately"
Back Story : tenants had horses and asked me one day for the name of my insurance company. They wanted to file a claim because THEIR horses created an uneven surface in the pasture and tenant sprained her ankle in a hole. Wanted compensation for lost time at work and doctor bills.
For any other property "tenants will be responsible for repair or replacement of furnace if tenants deny reasonable access requests (48 hour notice) to the landlord or maintenance people to change out the filter furnace filters". Furnace filters can not be changed out by the tenant.
Oh boy.... Do I have stories! Being a landlord in Washington State is not for the conflict adverse... Hahahaha
Appliance Clause is that we will not repair or replace any appliance (in houses), but will remove at tenants request.
Light Bulb clause, all light bulbs were in working, when rented,must be working when exiting and must be 60 watt equal. (at one place 22 light bulbs were either missing or burnt out, prompting this clause.) (also seen in appropriate bulbs like 15 watts and 200 watts)
There are a lot of great things in here, many I don't have. Firsty any violation of the lease is grounds for immediate eviction. Don't pay utilities? You can be evicted for it. I require them to water and maintain the lawn and grounds. Failure to do is grounds for eviction and Tenant will be responsible to to replace all lawns, trees and shrubs that are killed or damaged by failure to water. I have had arguments with tenants who won't water much because it costs money. I tell them they can leave in 3 days and I will take over watering. I have recently added a clause that says they waive any rights they have to invoke the non eviction due to Covid. They specifically that in the event they fail to pay rent or violate the lease that they can be evicted immediately. I have not heard of any rule imposed yet that prohibits the waiver, HOWEVER some states provide penalties to landlords who put in waivers to rights given by rules or statutes, my state has not yet. Do not include a clause like this without checking with a local attorney familiar with landlord tenant law. I am sure doing this in CA, NJ, IL etc. would have horrible things like fines, confiscation of house, possibly jail or even worse being required to go to all political speeches given for 30 days. You usually cannot require a tenant to waive a basic right given by statute, however the CDC moratorium is to prevent the spread of Covid supposedly, not to be a permanent basic right. It is likely a court may over rule the clause in the lease, my thought is to remove it as an excuse of the tenant to not pay rent and think they can get away with it because of Covid. It may be risky to use this in many states. Keep in mind that my state allows a landlord to not supply running water if agreed to in advance.