Business & Finance Renting & Real Estate

Landlord-Tenant Residential Lease Agreements

    Purpose

    • The purpose of a landlord-tenant lease agreement is to put the terms of the agreement between the parties into writing. By reducing agreed upon terms to writing, both parties are protected from misunderstandings or attempts to change a term after the agreement has been reached.

    Form

    • A landlord-tenant lease agreement should be in writing. Although oral contracts are enforceable in most states, proving the terms of the contract can be very difficult. There are no universal forms for a landlord-tenant lease agreement that are used in all states. The parties to a landlord-tenant lease agreement may use any form they choose, but it is best to check state laws prior to drafting the agreement for any special requirements or suggestions.

    Considerations

    • A landlord-tenant lease agreement may be as detailed or simple as determined by the parties. A basic agreement should include the names and contact information of the parties, the address of the property, the length of the lease, the payment terms and what is included or excluded in the rental. Additional terms may include sections that address what constitutes default, who is responsible for repairs and maintenance, subletting, pets, late fees and security deposit.

    Remedies

    • In the event one of the parties to a landlord-tenant lease agreement defaults on the agreement or violates a term of the agreement, the injured party may file a claim in the local small claims court in most cases. If the renter is in default, state law will determine what steps the landlord must take before he can evict the tenant.

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