Leases
The first line of defense in dealing with problem tenants is having a good written lease. While it is possible to have oral leases of residential units, written leases almost always provide superior protections for landlords. Scott Law Firm will prepare a package containing a lease and related forms upon a landlord's request. See the Fees and Costs page for our fees to provide the leasing forms in paper format only or in both paper and electronic formats. Forms included in our package include:
- Rental Application
- Resources for Background Checks
- Statement of Credit Denial
- Residential Lease
- Animal Agreement
- Sublease Agreement
- Guarantee of Lease
- Lease Renewal
- Notice of Non-Renewal of Lease
- Lead Paint Disclosure
- Lead Paint Pamphlet
- Security Deposit Guidelines, including inspection notice
- Security Deposit Statement
If you do not elect to have Scott Law Firm prepare leasing forms for you, you should review the lease forms you now use to ensure that your leases include the following minimum points, most of which cannot be adequately addressed in an oral lease:
- Identity of landlord or agent
- Identity of tenant(s) (make clear multiple tenants are "jointly and severally liable")
- Identification of premises leased and items included such as appliances and furnishings, storage space, parking space, etc.
- Beginning and ending dates
- Amount of rent and due date (add late charges and bad check charges if desired)
- Location where rent must be paid
- Amount of security deposit, if any
- Inspection of premises by tenant with notation of existing damage
- Who is permitted to occupy premises
- Permitted activities (residential use only? business activities allowed?)
- Responsibility for utility payments and trash collection
- Responsibility for maintenance, repairs and cleaning
- Prohibit alterations without landlord's consent
- Prohibit assignment or subleasing without landlord's consent
- Non-liability and indemnification of landlord for injuries to tenants and tenants' property
- Provisions for termination of tenancy
- Payment of attorney's fees, litigation expenses and court costs (IMPORTANT NOTE: You will not be able to obtain a judgment for attorney's fees and litigation expenses if you do not have a clause in a written lease requiring the tenant to pay them.)
- All amounts owed under lease, including
payments by landlord for tenant, are "additional rent" � this
may allow remedies the same as for non-payment of rent
Incorporate rules and regulations and lease application. - Waive common-law notice requirements for forfeiture
- Waive jury trial and establish venue (court location) for lawsuits.