Your lease is important...but it is not magic!

[Richard C.]

I've noticed something of a disturbing trend on this forum.  There really seem to be many people who earnestly believe that the language of their lease is always and forever controlling.  "Just do ___x____, it's in the lease!"  "Make sure you have language in your lease that allows you to do ___y___!"

A lease is a contract between two parties.  It does not and can not supersede state laws, municipal ordinances and administrative regulations.

Some of the many extremely problematic examples a forum search will reveal:

"My tenant has gotten a service animal when my lease has a no-pet clause!"  A service animal is not a pet, and if you try enforcing your lease language, your tenant won't need to worry about paying rent.  Onaccounta they're going to own your house.

"My tenant claims they have a medical issue and won't let me review their medical records!"  OK, Dr. Landlord, see how far that gets you.

"My tenant is babysitting kids, and my lease says no business activity!"  Many states prohibit landlords from restricting licensed home day care.

"My tenant refuses to pay for the window broken when her ex-boyfriend threw a rock through it, when me lease says she is responsible for anyone she knows!"  She's not going to be responsible for the criminal actions of a third party unless she was involved, no matter what your lease says.

The examples are nearly endless here.  Really, people need to get out of their heads the notion that your lease can make binding any agreement at all you form with your tenant.  This is NOT TRUE!  Contract terms that are contrary to public policy are void.

Always have a local lawyer review your lease, unless you are using a standard form lease from an organization that has itself had the form reviewed by a lawyer.