I'm in the process of screening tenants for my first rental property. I asked my realtor if he had a copy of a lease I could reference or use, and he sent me a copy of the TAR-2001 form. From what I've read, only real estate agents are authorized to use this lease. I am not a realtor, but if my agent is involved in helping me with the leasing process, would I be able to use this lease? Would my agent need to "cosign" the lease in some way to make it valid since I'm not a realtor?
Reading through the TAR lease it seems very thorough and I like the content. Worst case if I can't use this lease as a non-realtor, what if I retyped the entire thing into my own format. Even if I kept a lot of the verbiage the same, would this be legal?
Reach out to Texas Apartment Association, as if you are a member in your local chapter, it includes membership to TAA and they provide access to Blue Moon Forms, which allows you to use online TAR-2001 Form and then some. Highly recommend it especially when not using a property management company.
Find an Agent that does leasing and they can draft the contract for your Signature using the TAR Lease Contract Form.
The TAR lease is copyrighted and the only people authorized to use them are TAR members.
If your Realtor gives you the lease in his capacity as your agent, then it should be fine. But keep in mind that if you're not trained in tenant/landlord regulations, you could make a mistake on the lease that could come back and bite you later.
To my knowledge you can cross out section 33-g, anything written over or taken out from a contract or lease would take precedence as long as you disclose that section is removed and have signature/intials on the lease. By removing that one section the lease can be done without being a member of the board of REALTOR's. Verify with an atty or property manager, but I've been told this by multiple people.
I am a property manager, and I guarantee you that no attorney is going to tell you to delete sections from the TAR lease and use it as your own. At the top of the TAR lease, it says very clearly that only members of the Texas Association of Realtors are authorized to use it. Under that is the copyright.
Do unauthorized people use the TAR lease? All the time. Are they likely to get caught? Probably not. Is it legal and/or ethical? Absolutely not. And if I see one, I'm reporting your a$$ to TAR. I spend a lot of money being a member of TAR and I don't want to see anyone using a TAR benefit improperly.
@Eric Lee I tip my hat to you for trying to do the right thing. Your Realtor gave you the lease, and he/she is authorized to use it. If your Realtor gave you the lease in his/her capacity as your agent I wouldn't worry too much about it.
If you're concerned about it, there are websites that sell state-specific lease forms. I know there are several in the BP marketplace. You can check there to buy a lease.
@Fred Heller Thanks for the info. My realtor did give me the lease, and is willing to back that up in case questions ever arise, so sounds like I'm in the clear.
Thanks everyone else as well for your responses!
If you are looking at leases, I highly recommend TAA over TAR leases. As a landlord TAA's leases are designed to protect the property owner and very clearly spell out the renter's obligations.
I just signed up for TAA and the leases seem to be worded for apartments. Am I missing something or do they have versions for Single Family Homes as well?