Residential Rental and Lease Agreement Details

 Q. What is a residential lease? A. A residential lease is a legally binding contract made between a landlord and tenant. The lease gives a tenant the right to exclusive use and enjoyment of the described residential property in exchange for money paid to the landlord. Additionally, the lease outlines the rights and responsibilities of both the landlord and tenant during the lease term. LawDepot provides a written Residential Lease Agreement.
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This lease software has the flexibility to let you quickly create the lease document you want. It does this by providing many options with appropriate defaults.
One common default is 'Do Not Specify'. This default means that the finished agreement will not have a clause dealing with that topic. The benefit of not specifying is that you get a shorter and simpler document; however, the document will be less precise. Also, in some cases, the issue is not even applicable. For example, if you are leasing a house, then it is appropriate to pick 'Do Not Specify' for the condominium fee expense option.
If you want to fill in a particular item after you have printed the document, you can enter underscore characters (e.g. _____).
Location of Property: Q. What is meant by the "Act?" A. The "Act" refers to the legislation governing residential tenancy agreements in your jurisdiction. After you select the Location of Property when you are filling out the Lease Agreement Details, you will see a link beneath your selection to the governing legislation for the jurisdiction you have selected. It is not necessary to specifically state the name of the "Act" in your contract, as the relevant legislation is satisfactorily identified by the "severability" clause of your lease.
Q. What is a basement suite and how does this differ from renting a room? A. Typically, renting a room or a basement suite means you are sharing an accommodation with the landlord. A basement suite is a self-contained dwelling unit complete with its own kitchen, bathroom, and living area. Most tenants of a basement suite use a separate entrance to enter the house than the rest of the occupants. If you rent a room, you will likely share either the kitchen or bathroom with the landlord.
This type of lease is used where the owner of the property is renting to a tenant. If both parties are renters, see either our residential sublease our roommate agreement.
Lease Format
The Long Version of the Lease includes additional clauses and terms that will make your lease more precise, able to deal with more situations and easier to enforce. The Short Version omits those terms that are not absolutely necessary to express your terms.
Landlord Information
(also known as Lessor)
 Q. Who are the parties to the lease? A. The parties to a lease are the lessor, also called the landlord, and the lessee, also called the tenant. The lessor owns the property and allows the lessee to use the property in exchange for monetary payments called rent.
Number of Landlords: One Two

First Landlord
 
(e.g. Street, City, State Zip Code)

Second Landlord
Name:  
Type:
Tenant  Q. Who are the parties to the lease? A. The parties to a lease are the lessor, also called the landlord, and the lessee, also called the tenant. The lessor owns the property and allows the lessee to use the property in exchange for monetary payments called rent.
Number of Tenants:

First Tenant
Name:  
Address:
 		  
(Tenant's Current Address: e.g. Street, City, State Zip Code)
Phone #:
Fax #:
SSN:  (Social Security Number)
Notice Address:
(The address to which any notices should be sent after the tenancy is terminated. This address may be changed later by written notice to the Landlord.)
Type:

Second Tenant
Name:  
SSN:  (Social Security Number)
Notice Address:
(The address to which any notices should be sent after the tenancy is terminated. This address may be changed later by written notice to the Landlord.)
Type:
Third Tenant
Name:  
SSN:  (Social Security Number)
Notice Address:
(The address to which any notices should be sent after the tenancy is terminated. This address may be changed later by written notice to the Landlord.)
Type:
Fourth Tenant
Name:  
SSN:  (Social Security Number)
Notice Address:
(The address to which any notices should be sent after the tenancy is terminated. This address may be changed later by written notice to the Landlord.)
Type:
Fifth Tenant
Name:  
SSN:  (Social Security Number)
Notice Address:
(The address to which any notices should be sent after the tenancy is terminated. This address may be changed later by written notice to the Landlord.)
Type:
Sixth Tenant
Name:  
SSN:  (Social Security Number)
Notice Address:
(The address to which any notices should be sent after the tenancy is terminated. This address may be changed later by written notice to the Landlord.)
Type:
Seventh Tenant
Name:  
SSN:  (Social Security Number)
Notice Address:
(The address to which any notices should be sent after the tenancy is terminated. This address may be changed later by written notice to the Landlord.)
Type:
Eighth Tenant
Name:  
SSN:  (Social Security Number)
Notice Address:
(The address to which any notices should be sent after the tenancy is terminated. This address may be changed later by written notice to the Landlord.)
Type:
Allow Occupants Other than Tenant(s)? Q. Who can live in the premises? A. Only tenants and people listed as occupants may reside in the premises. The landlord must be informed and approve of any change to the list of permitted tenants. Children born or adopted while the tenant lives in the premises are automatically added to the lease as occupants. Also, each jurisdiction may restrict the number of tenants/occupants in the premises if that number violates health or safety standards for housing. Health and safety standards are typically expressed as 1 person per X sq. ft. The standard varies from jurisdiction to jurisdiction so if you are concerned, check with your local housing/public health authority.
Name of Other Occupants: (e.g. Jane Smith, Billy Smith and Sally Smith)
Leased Premises
Address of Premises:  
  (e.g. Unit #, Complex Name, Street, City, State Zip Code)
Further Description of Premises:
Photo of Property will be attached? Yes No
Other Details Describing the Premises:
Pets are allowed in Premises?
Parking Available?
Parking Description:  (e.g. stall #323 and #324)
Parking is included in the Rent? Yes No
Monthly Parking Cost:  
(e.g. 30.00; Enter 0 if there is no determined.)
Currency:
Smoking permitted?
Furnished:
Description of Furnished Items:

Note: The Premises must be zoned for a home-based business.

(e.g. management consulting)
Lease Term
Q. Which lease term should I use? A. LawDepot allows you to choose from several different types of lease terms.

Fixed End Date
A lease with a fixed end date gives certainty of term for both the landlord and the tenant. It specifies the exact day the tenancy will end. The advantage here is that neither party has to give notice to terminate the lease, it simply ends on the specified date. During a fixed term lease the landlord cannot increase the rent, or change any other terms of the lease unless he specifically reserves the right in the agreement, and the tenant agrees to the changes.

Fixed Number of Weeks/Months/Years
A lease for a fixed number of weeks/months/years gives a start date for the lease and the number of weeks/months/years that the lease will run (for example: the lease could start on September 1, 2005 and then continue for a period of 18 weeks/months/years). In most respects this operates in exactly the same way as a fixed end date lease.

Periodic
A weekly/monthly/yearly lease with automatic renewal (a periodic tenancy) will continue so long as neither party wishes to terminate the lease. To terminate the lease the landlord and tenant must give notice of their intention to leave as specified by statute. A landlord can raise the rent, or change the terms of the lease in these types of agreements by providing proper notice as required by statute. At the end of the notice period the tenant must move out or the landlord can start eviction proceedings against them.
 (e.g. 10)

Option to Purchase
  (e.g. 175,000.00)
An Option Fee is a fee/deposit the tenant pays the landlord at the beginning of the term to have a right to purchase the Premises at a certain price during a certain time period. If the tenant proceeds with the purchase, the option fee is applied to the purchase price. If the tenant does not exercise its option, then the landlord may keep this deposit.

  (e.g. 1,750.00)

  (e.g. 30 days)
This time period should be at least 30 days as the disclosure documents are usually provided within 15 days of exercise and the Tenant usually has 15 days to review those documents.
Rent
 (e.g. 500.00)
 

(leave blank to not specify it in lease)

Rent Increase
 Deposit
Q. What is a  deposit? A. Please note: in some jurisdictions, a landlord is not allowed to ask for a security deposit. In other jurisdictions, a landlord may require both a security deposit and other types of deposits (for example, a pet damage deposit). You should review the governing legislation for the location of the property to make sure the type of deposit is allowable.
(e.g. 250.00)
Note: By law, the amount of the rent deposit may not exceed the lesser of:
a) the amount of rent owing for one rental period; and
b) the amount of rent owing for one month.
(e.g. 30 days, one month, etc.)
Pet Deposit?
(e.g. 250.00)
(e.g. 30 days, one month, etc.)
Q. What is an inspection report? A. Prior to moving in, the tenant and the landlord should walk through the premises and write down any existing damage. This written account is called an inspection report. The landlord and tenant should both get a copy of this report. In some jurisdictions, an inspection report is also required upon moving out, as a condition for the landlord to make a claim against the tenant's security deposit.
Taxes


Landlord Improvements and Signing Incentives
Note: You may want to specify when the improvements need to be completed as part of the above description.

Q. What are signing incentives? A. Signing incentives are bonuses the landlord gives to the tenant, typically for either signing a lease or signing a fixed term lease. They may include free month's rent, or a rent decrease for the months of the fixed term tenancy. If the tenant breaches the lease, these incentives may have to be paid back to the landlord.
(e.g. one month free rent, an improvement allowance for painting, etc.)
Tenant Improvements
Termination
(e.g. 3 days)
(e.g. 10 days)
(e.g. 30 days, one month, etc.)
Note: Landlords must provide a minimum of 4 weeks notice to end a tenancy.
(e.g. 15 days)
Utilities and Other Costs
(e.g. electricity, natural gas, water, sewer, telephone, cable, recreation facilities, laundry facilities)

Are there condominium fees for the Property? Yes Do Not Specify
Who is responsible for the condominium fees? Landlord Tenant
Are the condominium fees in addition to the Rent? Yes No
Maintenance
Tenant is Responsible for Maintenance: Yes Do Not Specify
Specify which Maintenance the Tenant is to perform or pay for:
  Yes Do Not Specify
Fixtures / Heating:
Sidewalk / Driveway:
Grass / Garden:
Other:
Specify other Maintenance the Tenant is to perform or pay for:
Insurance  Q. Why do renters need insurance? Doesn't the landlord already have it? A. While the landlord typically has insurance, it usually covers only the landlord's assets and liabilities. If you want coverage for your personal belongings or for your own negligence, you need to have renter's insurance. What coverage you want should be discussed with an insurance agent.
Who is responsible for obtaining and paying for the following insurance?
  Tenant Landlord Do Not Specify
Tenant's Contents:  
Landlord's Contents:
Leased Premises:
Personal Injury on Property:
Tenant to Provide Proof of Insurance:
Mold Disclosure
Are the Landlord and Tenant obligated to prevent and to notify each other of visible evidence of mold?
Lead Paint Disclosure
Was the Premises built after 1978?
Except where the Premises were built after 1978 or in certain other limited circumstances, Federal Law (Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d ) requires that the Landlord provide the Tenant the pamphlet Protect Your Family from Lead in Your Home (EPA - 747-K-99-001) or an equivalent pamphlet that has been approved for use in your state by the Environmental Protection Agency. It also requires the Landlord to disclose certain information regarding lead-based paint and lead-based paint hazards that might exist in the leased Premises.
Is the Landlord aware of any lead-based paint or lead-based paint hazards in the Premises?
Describe Hazards:
(e.g The paint on the walls and ceilings of the basement of the Premises contain lead-based paint.)
Are there any reports or records with respect to lead-based paint or lead-based paint hazards in the Premises?
List reports and records:
(e.g A report dated January 1st, 1988 prepared by Inspector Ltd. showing the existence of lead-based paint on the ceilings and walls of the basement of the Premises.)
Is an agent involved in leasing the Premises for the Landlord?
The Landlord's agent has an obligation to have informed the Landlord of its obligations under 42 U.S.C. 4852(d) and to ensure compliance with those requirements.
Agent's Name:
Miscellaneous
(e.g. 12, 24 or 48)
A rerent levy is usually only used when the term of the lease is at least six months. Some jurisdictions do not permit the landlord to charge a rerent levy. The amount of the rerent levy must be reasonable given your particular circumstances (the damages that the Landlord will suffer if the Tenant leaves early).
Additional Clauses Please preview the entire contract before including additonal clauses to ensure there will be no overlap.

Click here for tips on drafting your additional clauses.
How many Additional Clauses do you want to create?
First Additional Clause:
Second Additional Clause:
Third Additional Clause:
Fourth Additional Clause:
Fifth Additional Clause:
Sixth Additional Clause:
Seventh Additional Clause:
Eighth Additional Clause:
Signing Details