Standard lease agreement free download

This is when a tenant has a lease and is forced to vacate the premises while still being liable until the end of the agreement period. Renting a property without clearly written rules and expectations of the tenancy is an invitation for trouble. The landlord-tenant relationship can be complicated—with so many federal, state and local laws that govern residential property rentals makes it that much more complex.

By writing a lease or rental agreement, all of the details of your tenancy will be recorded and legally binding—and as a result if written in detail can reduce unintentional lease violations by either the landlord or the tenant. While verbal agreements can be legally binding, they can be difficult to prove to a judge. By signing a written rental agreement or lease your arrangement becomes legally binding and you have proof of your agreement. Here are a few more reasons why using a written lease is important:.

A residential lease or rental agreement is a written plan of the tenancy—it defines the rights and responsibilities of both the landlord and tenant s. It also serves as a guideline for when rent is due, the duration of the tenancy, and specific rental provisions that are either required by law or agreed to by the landlord and tenant. Lease terms and conditions should be negotiated if negotiable by the landlord and tenant s.

To negotiate rent, get an idea of the market pricing in your area, by going online and viewing related properties and their monthly asking price. Landlords are less likely to negotiate on the price of rent and more likely to offer tenants additional benefits. So, what else can be negotiated on besides the rent? Here are a few items you might consider trying to negotiate:. Keep in mind, landlords are not required to negotiate rental pricing, fees, benefits or other provisions they have added.

However, tenants have the right to shop around and not sign a lease that does not fit their criteria. These documents should be written clearly preferably typed and straightforward.

Deposits and fees. Some of the most common issues between landlords and tenants center around security deposits. Many states have laws that limit the amount a landlord can ask for, how the deposit can be used, how the deposit will not be used and how the deposit will be returned after any deductions or non-returnable fees have been deducted. You might also want to include details on where the security deposit will be held and if the landlord will pay interest on the deposit required in some states.

Grounds for termination of tenancy. Landlords often include a clause stating that any violation of the lease or rental agreement by a tenant or their guests can be grounds for terminating the tenancy. Laws for terminating a tenancy differ based on the type of lease agreement signed lease or rental agreement and by the state and in some cases the city in which the property resides. Names and addresses of landlords. If the landlord is using a property manager or company that is authorized to receive notices on their behalf their name and address should be included also.

Some states require a landlord to disclose the contact information of anyone authorized to speak on behalf of or accept payments for the property to the tenant s. Names of tenants and occupants.

Each adult who resides in the rental should be named as a tenant and sign the lease or rental agreement. By requiring all adult occupants to be official tenants allows a landlord to hold each tenant legally responsible for paying the total amount of rent and following the terms. If one of the tenants terminate their lease, landlords can legally seek the entire rent payment from any of the other tenants on the lease.

Additionally, if one of the tenants move out or violates the lease, the landlord can terminate the tenancy for all of the tenants. Keep in mind, in areas without rent control, landlords can charge any amount for their property. Rental property details. Your lease or rental agreement may include the property premises details such as storage areas, furnishings, and other amenities that are included with the rental property.

Before signing a lease or rental agreement, make sure that it includes the complete address building and unit number, if applicable as well as any amenities promised.

For example, if the rental includes storage space, you will want to provide information on where it is and how to access it. Leases or rental agreements usually include a provision making the tenant responsible for keeping the rental clean and in good condition.

It also obligates a tenant to reimburse their landlord to repair any damages they caused. Term of the tenancy. The term of the tenancy is the length of time the property will be rented.

A lease should include a start and end date. If it is a rental agreement usually short-term tenancies it should include a start date and renew automatically until the landlord or tenant decides to terminate. When and how landlords may enter the property. Many state laws specify when landlords may legally enter a rental property and the amount of notice required to the tenant. Landlords will sometimes include this information in the lease or rental agreement while others might not be aware of these laws and write in illegal provisions.

Check your state and local access laws and make sure that your lease or rental agreement is compliant with them—illegal entry and tenant privacy violations typically have legal consequences. After adding all of the essential information to the lease or rental agreement, you may want to tailor it to reflect the individual aspects of your rental. If a rule or regulation is pressing enough to you that you would want to terminate a tenancy if it was violated, be sure that it is included in the lease or rental agreement.

Additional rules that are not as important can be written in a supplementary document. Here are some commonly included policies that are added to a lease or rental agreement:. Attorney fees and court costs in a lawsuit.

Some leases and rental agreements will define who pays the expenses of a lawsuit if the landlord and tenant go to court over a breach of your rental agreement or lease such as, a dispute about the security deposit. Condition of the rental unit. Leases and rental agreements customarily include a provision in which the tenant agrees that the rental is an inhabitable condition when they move in and promises to alert the landlord immediately to any dangerous conditions if they occur.

Extended absences. Some landlords require their tenants to notify them in advance of any extended absences they plan to be away from the premises. This is usually anything longer than a week. Limits on guest stay. Landlords might limit overnight guests to keep long-term guests from attaining the station of full-fledged tenants who have not been screened, approved by the landlord or listed on the lease or rental agreement.

No illegal activity. Landlords can limit their potential liability by including a clause prohibiting illegal and disruptive behavior—like using drugs, dealing drugs or causing trouble. If the tenant is involved in any illegal activity, the landlord can terminate their tenancy. Landlords can prohibit all pets, or restrict the types allowed—with the exception of service and emotional support animals. If a rental is pet-friendly, it is helpful to include pet policies in the lease or rental agreement.

Examples of this would be to write out how many pets a tenant can have, what types, breeds, and sizes of animals are allowed. Restrictions on the number of occupants.

Landlords will typically set a limit to the number of people who can live in their rental property. Federal law requires that landlords allow two people per bedroom. Restrictions on the use of the property. Landlords can prohibit or restrict smoking of any kind in their rental property. If the landlord wants to limit smoking, they should include where tenants may smoke.

What happens if a Tenant Breaks the Lease? Is a lease agreement legally binding? Lease agreement vs rental agreement? Does a lease have to be Notarized? Can a lease be terminated before a tenant moves in? Yes, since October , the E-Sign Act made it so digital signatures hold the equivalent legal weight as handwritten signatures. Landlords looking to collect legitimate, digitally secure signatures from tenants can use eSign.

Learning that a tenant has vacated a rental before its termination is sobering news, to say the least. However, the importance of remaining calm and collected amid the range of emotions that will be felt cannot be understated. In the event of a broken lease, the following steps should be taken:. Once signed by the landlord and tenant s , it binds them to the conditions included, so long the rules and obligations comply with state and federal laws.

While verbal leases are not recommended , state laws view them as legally binding agreements. However, due to the difficulty of enforcing the conditions and proving what was agreed-upon, they should only be used in situations where the parties have extreme trust in one another family, for example , or are leasing a property that the landlord will also share a single room, for instance.

Although commonly used to mean the same thing, they differ in the term duration of their contracts. Notarization is the process of having a certified third 3rd party officially verify a signature on a legal document. Generally, lease agreements do not have to be notarized. However, certain states, such as Ohio, require leases longer than three 3 years to be certified by a Notary Public.

For a tenant, it also depends on the written lease, but also state law, which can provide the tenant with room for exiting the lease without incurring damages and other costs. Arbitration — The act of including a third 3rd party to listen to an argument, who will then make a final decision. Arbitrator — The person involved in arbitration that makes the final decision regarding a dispute.

Also known as subleasing. Co-tenant — A roommate; a tenant that shares the same rental property with another tenant. Escrow account — In renting, an escrow account is a bank account that tenants deposit their rent into. Eviction — The forced act of removing one 1 or more tenant s from a unit due to their non-compliance with the lease.

Only used when the tenant s breached the lease. Invited by the tenant s. Landlord — The party responsible for managing the rental and overseeing the tenant s.

Lock-out — The act of preventing tenant s from entering a rental unit via changing the locks or similar action. Used when tenant s are late on rental payments. Typically an illegal action. Mediation — Used for resolving disputes. Includes a third 3rd party that listens to the arguments of both sides and assists them in coming to a mutual decision. A mistake due to an obviously unreasonable decision. Periodic Tenancy — A type of short-term lease that has no pre-defined end-date.

Can be terminated by the landlord or tenant so long appropriate notice is given. Common in large cities. Legally permitted in some states. Rental Period — The length of time between rent payments.

Can be a year, a month, a week, or another pre-determined timeframe. Security Deposit — A monetary payment given from tenants to a landlord at the start of the lease.

Used for covering unexpected damage, missed rental payments, and more. Landlords are required to return the deposit at the end of the lease if no deductions need to be made. Sublease — The act of introducing a second 2nd tenant to live in the property alongside, or in replacement of, the original tenant.

Sublessee — The individual living in the property in replacement of the sublessor. Sublessor — The original tenant to a rental property.

Termination notice for periodic leases — A written notice delivered by the landlord or tenant signifying they wish to terminate the lease agreement. Typically provided thirty 30 days in advance of the next rental payment. Warranty of habitability — A guarantee that the rental property will be livable for tenants for the full length of the lease term. In the provided fields, enter the date that the parties are completing the document, followed by the full names of the Landlord and Tenant s.

Enter the number of days that can pass before the agreement is terminated and eviction proceedings begin. Most states have a required amount of days that need to pass before the eviction process can begin. Enter the day of the month after which a late charge will be issued, along with the monetary amount of the late charge. For any returned checks, enter the dollar amount charge that will be billed to the tenant.

Landlord will need to list all utilities that will be paid for. Any absent utilities are the responsibility of the tenant s. In the underlined field, the Landlord will need to enter the full security deposit amount that the tenant s will need to pay before moving into the property. Here, the Landlord will need to specify the number of days the tenant can remain absent from the property without paying rent or removing possessions, until it will be considered abandonment.

Landlord states the length of time the tenant has to ensure all smoke detectors are functioning in the premises. The state-specific mandated provisions for the lease agreement.

Can vary widely depending on the state in which the agreement is being completed. In the provided fields, both the Landlord and Tenant s must write their full printed names and dated signatures. Lease Agreement Templates.

Email Delivery. Word Download. RTF Download. Download Word 27 KB. Download Word 21 KB. Download Word KB. CA Rental Guide. KRS Ch. Title 70, Chapter Chapter A. Title 57 Ch. One and a half 1. New Hampshire. New Mexico. North Carolina. Rhode Island. South Dakota. Sixty 60 days after the termination of the tenancy. Fourteen 14 days if the tenant provides the proper notice of their vacancy ; Thirty 30 days otherwise.

Sixty 60 days after the termination of the lease. Twenty-one 21 days after the tenant s move out, or within sixty 60 days after the termination of a fixed-term lease.