What do you make your tenants agree to in order to protect yourself and your property?

Question

I am concerned about my liability in my rental real estate venture.  For instance, my insurance will not cover pets, so I want to make sure my tenants agree to not keep dogs. Am I legally protected if I write up a list of rules and make each tenant sign the paper? Is it better to have an attorney draft a more professional statement?

Finally, do you think the list of statements below is sufficient to protect my liability? Is there anything else you would require if you were the owner of the property?

1) Tenants cannot keep any pets. 
2) Tenants can't sublease their apartments without approval from the owner 
3) Tenants must keep all smoke alarms, carbon monoxide alarms and fire extinguishers in working order
Additional information
4) Tenants must keep renters insurance to protect their property. 
5) No tenant can live in the home that has been convicted of a felony in the last 5 years (contigency of my insurance) 
6) Tenants are not allowed to seal windows shut 
7) Tenants are not allowed to block access to property from emergency or fire personnel. 
8) No tenant can be an elected official or member of a professional sports team ( a contigency to my insurance- seems strange to me!)

Joe Bertolino · Answer

Find a insurance company that does not exclude dogs,  there are many of them.

Bill Gulley · Answer

You can put anything in an agreement so long as it's not illegal, but if it is unusual and say overly restrictive you could have trouble inforcing your demands, the judge might not care for it. Starting out you might be better off having a local attorney draw the lease or at least have it reviewed.

The issue with elected officials and sports types is that they are more prone to vandalism, sometimes attacks.

Usually, for lesser expensive dwellings, a sufficient notice and disclaimer concening their belongings, etc. are not covered and if they desire coverage they must obtain tenants coverage. I've had college kids who would have had to pay more in premiums than the stuff was worth.

I have a lease that makes requirements; no inoperable vehicles or  machinery, trash carts returned within 24 hours, no furniture or other items left outside unless designed for outdoor use, lawns kept in like manner of other surrounding properties...etc. My lease has an additional management fee that can be assessed if I'm required to address these issues and such fee becomes rent. So if I get repeated calls from neighbors about noise or parties, it becomes a management issue and charge $25 for taking a call and giving notice to the tenants to correct such neighborly conduct, if they don't pay it with the rent, then they are in default and that can lead to eviction.

It's a tight ship! Never had to go that far but a few did get fined and that cured the problem.

Aly W. · Answer

My attorney wrote my lease, I wouldn't trust a lease that came from Staples, Office Depot, etc. Your lease must adhere to your state laws.

That said, I do not allow pets. I ask potential tenants if they have any, and if they do, I don't even let them see the house. I had one tenant who got a pit bull without my knowledge or permission, and when I found out, I had my attorney send her a Notice to Quit. The pit bull and tenant left soon after.

Most of Joe's list is standard in my lease and others I've seen. Although this is a first!

8) No tenant can be an elected official or member of a professional sports team ( a contigency to my insurance- seems strange to me!)

Terri Pour-Rastegar · Answer

Joe A, I have all of those clauses--and more--in my leases.  My insurance doesn't have any issue with pets, but I do.  No pets.  Period.  And I do believe that if you had a clause stating no pets, but a tenant got a pit bull and it mauled someone, that clause could protect you to some extend.

However, this is why you must keep up regular inspections of your properties.  If you find a tenant has acquired a pet without your permission, take action immediately--in writing.  COA.

Like others here, I think #8 is weird, but so are insurance companies.

Steve Babiak · Answer

Your rules are sort of OK - the reason I say "sort of" is that I would phrase everything as "Tenant agrees to _______" and then fill in the blank with the concept you are trying to express.  After all, a lease is an agreement between Landlord and Tenant, and things that are written into an agreement should be phrased as such.

Carole M. · Answer

I have used Landlord Kits.  These kits include a Pet Policy and Pet Rider.   I attach this to the lease and it covers all aspects of owing a pet including vaccinations etc.   These kits can be gottne in Office Supply Stores or Online.

Joe Bertolino · Answer

My 02 cents,  there is only so much risk transfer a landlord can count on.  I would not be comfortable with any landlord policy that excludes pets.   Tenants go to great lengths to keep pets without you knowing and when their pitbull breaks through a fence and mauls a kid... your agreement with a tenant (with few assets) is not going to provide you with much relief.

What do you make your tenants agree to in order to protect yourself and your property?

Most Popular Reply