Leases - Lessons Learned

[Bryan N.]

I was reading some forums and it got me thinking as I am creating my own lease.  I've used several local PM companies leases to "learn" from.  What have people added to leases after learning from the school of hard knocks? 

[Elizabeth Colegrove]

I use a traditional California lease and than I have altered it over time. I have had a lawyer look at it. I need to make more changes and have the lawyer look at it again.

Addendums

Continuation as Month-To-Month Tenancy after Expiration. On the expiration of the Lease term pursuant to subsection (a) above, the terms of this Lease will continue in the form of a month-to-month tenancy, increasing $300 a month on the last day of the lease except where prohibited by applicable law, regulation, or ordinance. The parties shall give notice and terminate the month-to month tenancy within the time allowed by law.

Delivery of Rent. The Tenant shall pay all Rent to the Landlord on or before the date that payment is due by Direct Deposit into the predetermined designated checking account

Late Fees: If the Tenant does not pay in full the amounts set forth in subsection (a) within 5 days after its due date, the Tenant shall pay a late fee of _________ (10% of rent).

Pet Fee: The Tenant shall pay to the Landlord an additional non-refundable fee in the amount of $50 per month, or one month’s security deposit of _________immediately on the Landlord’s approval of a pet or pets. Notwithstanding the foregoing, if any Tenant requires the use of a trained guide animal, signal animal, or service animal, no pet deposit will be required. The landlord reserves the right to apply the Pet Deposit in the same manor the security deposit can be applied too.

Tenant chooses (circle/initial)

A) No Pets on Premise – No Additional Fee,

B) $50 Non refundable Fee

C) $_____ one months rent as Pet Deposit- applicable as descried above

If an unauthorized pet is found on the premises a fee of $500 is due immediately for having an non-authorized animal on the premise at the time of occurrence or at landlords discretion. Any damage will be assessed separately and billed to the tenant in addition to the $500 fine.

Utilities: The Tenant shall pay all utility charges for services on the Premises including landscaping.

Satellite Dish Installation:The Tenant may install, at the Tenant’s sole expense, a satellite dish on the Premises, if the dish, its placement, and its manner of installation, and in all other respects, comply with the Federal Communication Commission’s Over the- Air Reception Devices Rule (47 C.F.R. Section 1.4000), as amended with LANDLORDS WRITTEN APPROVAL. Before vacating the Premises at the termination or expiration of this Lease, the Tenant shall remove the dish. If the Tenant does not remove the dish, the Landlord may remove the dish and deduct any removal and repair expenses from the Security Deposit in accordance with applicable state law or, the in Landlord’s discretion, the Landlord may leave the dish on the Premises and treat the same as a fixture thereof, subject to the premises of Article X of this lease.

No Smoking:The Tenant and the Tenant’s household members, invitees and guests may not smoke on the Premises. Any evidence of smoking will result in a $500 fine to the tenants due at the time or discovery or landlords discretion for violating the lease. Any damage will be assessed separately and billed to the tenant in addition to the $500 fine.

Maintenance:The Landlord shall maintain the Premises in good repair at all times. The Landlord shall, at the Landlord’s expense, maintain the Premises in a safe, habitable, and sanitary condition and comply with all laws, ordinances and regulations pertaining to the condition of Premises. Landlord reserves the right to only pay for repairs that he/she authorized in writing.

ALTERATIONS OR REPARATIONS BY TENANT: Except as expressly provided in this Lease or by applicable laws or regulations, the Tenant may not alter or make repairs to the Premises without the Landlord’s prior written consent. Unless otherwise set forth in this Lease, any authorized alterations or repairs, including any fixtures installed as a part of such alterations or reparations, will, at the Landlord’s option and in the Landlord’s sole discretion, become the Landlord’s property on the expiration or termination of this Lease; provided, however, that the Landlord may require the Tenant to remove any such fixtures at the Tenant’s cost on the termination or expiration of this Lease. The Tenant shall perform all authorized alterations or reparations to the Premises diligently in a good and workmanlike manner, and in compliance with all applicable laws, ordinances, regulations and rules of any public or private authority having jurisdiction over the Premises. The Tenant shall keep the Premises free of all claims for labor performed on and material delivered to the Premises.

PETS

The Tenant (including any guests or invitees of the Tenant) is allowed to keep the following as pets:

*

*

***No other animals are allowed on the premise without the Landlords WRITTEN

permission****.

Entry By Landlord: If at any point during the tenancy the landlord is denied access with proper notice provided to the tenant, the tenant will be accessed a $100 fine per occurrence at the time or discovery or landlords discretion for violating the lease.

LEASE TERMINATION PROVISION FOR MILITARY PERSONNEL: Subject to applicable state law, if the Tenant joins the military during the Lease term and is called to active duty for a period of 180 days or more, the Tenant may terminate this Lease by providing written notice and a copy of the military orders to the Landlord.

If, during the term of this Lease, Tenant or Landlord is a member of the U.S. armed forces and receives permanent change-of-station orders (more than 35 miles away from current duty station) or is deployed for 90 days or more, the Tenant or Landlord may terminate the Lease by providing written notice and a copy of the military orders to the applicable party. The Lease will be terminated 30 days after the due date of the next Rent payment.

Tenant Assumes Responsibility for the following Routine Maintenance:

• Granite and stainless steel appliances if applicable.
• Yard Maintenance (mowing, edging, feeding, seeding, maintaining sprinklers) but not all inclusive
• Tenant responsible smoke/CO detector, changing all the batteries and alerting (by written notice with a written response signifying the letter has been received) the landlord to when they are no longer in working orders.
• Tenants are responsible for all windows. Any damage to the springs is the tenant’s responsibilities.
• Any cracked tiles not outlined in the move in inspection
• Filters are the responsibility of the tenants. Any damage incurred to the AC system by filters or lack of will be accessed to the tenants.

Steam Cleaning: Tenant is required to professionally steam clean the carpet upon move out and provide the Landlord with receipts.

Professional Cleaning: Tenant is required to return the house in the manor such that it appears to be professionally cleaned. If there are any questions, Landlord reserves the right to professionally clean the house at the tenant’s expense.

Landscaping: Tenant is held accountable for all yard responsibilities. Tenant understands that if this house is located in an HOA and it must be kept to HOA rules. Tenant is responsible for watering the lawn per city code/HOA code. If the yard deteriorates due to mismanagement, tenants will be held responsible.

Landlords are not responsible for any fines that the tenant receives. All fines will be taken care of by the tenant immediately. Landlord using Tenants Security deposit will pay any fines not paid by the tenants on move out. A processing fee to equal to the total fine (including fees, penalties and any other charges) will also be taken out to compensate the landlord for handling.

House ______ IS or ______ IS NOT an HOA.

Keys, Garage/Gate Remotes: If Tenants or their guests: break, lose, damage, or lock themselves out pertaining to keys, garage or gate remotes. The tenants are responsible for any cost replacement, locksmith or other cost to rectify the situation. If the locks must be changed for any reason due to the tenants fault, the landlord must be informed and provided a set of keys immediately on replacement of locks.

Damages: Tenant is not responsible for normal wear & tear as assessed by the landlord. Damage due to lack of routine maintenance will be the responsibility of the Tenants for cost or replacement fees that will be assessed "AS" landlord notices and identifies them. If damage is caused because of tenants derelict whether direct cause or due to a non-reporting a maintenance issue than they will be held responsible for all damage.

On notification, the tenant is required to pay for the damages by the next rents due date.

All monies received, will first be accessed towards damages or fees. Rent will be accounted secondary.

Renter’s Insurance: Tenants are required to carry renters insurance in amount to cover their personal property and liability. Landlord assumes NO RESPONSIBILITY towards tenants, occupants or any of their guest’s personal property.

Buy Out: This allows either the tenant or the landlord to break the lease without penalty as long as they have provided 60 days’ notice and two months break lease fee (______). 60 days’ notice begins on the day that the fee is received. If the tenant moves out before the end of the 60 days’ notice, the additional days will be accessed as a fee. For military provisions please refer to XVIII.

Alterations: Any alterations/improvements/additions to the house (painting, ceiling fans, outdoor landscaping, etc) must have written approval by the landlord. All alterations/improvements/additions are at the tenants expense/liability and will become part of the house thereby being left upon the tenant’s vacancy. All work must be performed either by a licensed, bonded professional or in a similar manner. Any damage to the home due to the improvements will be assess/fixed by the landlord at the tenant’s expense. Landlord discretion at whether the tenant will be required to pay immediately upon discovery or at moveout.

The only exception is when the landlord requires the alterations/improvements/additions to be returned to the original condition. If the tenant fails to return it back to the original condition the landlord reserves the right to deduct it out of the security deposit.

Pest Control: Pest Control is the tenant’s responsibility with the exception of termites.

Home Business: Home Businesses are not allowed to occur within the house structure or on the premises. Violation is grounds for eviction and a $1,000 fine.

Attic Storage: No Storage Is Allowed in the Attic/Ceiling at Any Time! The house is not built structurally built for storage in these locations. Any items found in these locations will be immediately fined $500. The fines are automatically assessed and must be paid immediately or at the landlord discretion.

Additionally the landlord reserves the right to hire an inspector at the tenants expense to assess the possibility of any damage. Any damaged will be fixed at the tenants expense.

Fees/Violations: All fees are access first, rent second. Any late rent will be accessed a late fee and proceeded as set forth above.