TAR Lease Edits: Is it OK?

Question

Hi BP Community!

I'm filling out a TAR lease for a tenant to sign and some things are simply not relevant to my property. Is it OK to black out these sections? How does that work?

For example: Section 11 (Utilities) states that tenant will pay all connection fees, etc. I actually pay all of the utilities (it's a unique property) and they're already connected, so this is not relevant.

Any advice is appreciated as always. Thanks!

Khanesia Washington · Answer

Hi Are you a Realtor? There should be a space in a Lease that notes whether the tenant or landlord will be responsible for utilities. I would avoid crossing anything out. I would suggest you add an addendum to the lease that notes the specific things you will  be paying for and have tenant sign as well as yourself.

Costin I. · Answer

You can learn here how to use it - https://eforms.com/rental/tx/texas-association-of-...

I would be more worried for #34-G - if you are not a realtor or at least one party represented by a realtor, the lease contract is voidable at will by the tenant:

"Copyright: If an active REALTOR® member of the Texas Association of REALTORS® does not negotiate this lease as a party or for one of the parties, with or without assistance by an active member of the State Bar of Texas, this lease is voidable at will by Tenant."

Laura Sulak · Answer

Is there a particular reason you’re using the TAR lease? You can create your own, customizing it to each unique property and situation. That way, you don’t infringe on any copyright laws or step into the murky waters of changing someone else’s legal document.

Laura Kayes · Answer

TAR leases are only to be used by licensed Realtors. Just FYI. You can have a realtor draft the lease for you.

Guy Gimenez · Answer

If you're a principal in the transaction you can make any changes you wish. Not so much if you're representing a landlord or tenant unless at their direction.

Ricky Williams · Answer

Watch out for the copyright “nuclear clause” in the TAR lease.

TAR Lease Edits: Is it OK?

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