Helpful tips for residential lease

[Aundrea Newbern]

All,

What are the most useful things you put in a residential lease? I have heard some very neat tips over the years that I have adopted and am VERY grateful for as they have vastly improved my lease. 

I'll start - I have recently added a provision to my lease that requires the tenant to pay a service call fee (in addition to related repairs) if there is a maintenance issue due to tenant neglect. Another investor told me about a recent mishap where a tenant tried to flush something down the toilet that should have been buried or cremated. This is the type of scenario where I will charge a fee for the service call.  Additionally, I include the paint # in my lease. My tenants are allowed to paint the units but they must return it to the EXACT paint color as before. I outline in my lease what the paint color is and that if they fail to return it to those colors, their security deposit will be forfeited for the cost to professionally repaint the unit.

Share your best tips with us!

[Mindy Jensen]

@Aundrea Newbern , I'm not sure the landlord tenant laws in GA, but remember that just because you put it into your lease does not make it legal or enforceable. 

I'm also not sure how much your deposit is or the deposit return rules in GA, but in many states, you must return the deposit or an accounting of any money withheld, within a certain amount of time. 21-30 days is most common, but some states are two weeks while others give 60 days, so check your laws to make sure you're in compliance.

The big things to have in your leases are the things that aren't covered by landlord tenant laws. Things like who is responsible for yardwork, snow removal in snowy states, garbage. Utility bills, smoking in the unit, pets, parking, who and how to contact in an emergency, what constitutes an emergency, etc.

[Nicole A.]

Mindy's post is very helpful to remember. Your lease should reflect the local laws and/or be something that would hold up in court.

Another thing to consider is that some tenants may hesitate to make a service call in fear of having to pay for it. Then repairs could get worse. I pay for all repairs up front and if it's something caused by the tenant or the tenant's guests, I will add it to their following month's rent. I will make things clear in the lease and verbally say in the beginning not to flush anything down the toilet besides toilet paper. I tell them not to even trust "flushable" wipes. I also tell them not to use those dissolving cleaners that you drop in the toilet tank because it can damage parts.

My leases also state what appliances are owned by the landlord.

Mostly safety stuff I require after that such as no use of candles or space heaters. No using the oven as a heat source. Not storing items within 3 feet of furnaces and water heaters. Things like that.

[Nicole A.]

Oh, I also state in my lease very clearly that rent must be *received* by the 3rd (some people give until the 5th) to be considered on time. This rids of any "I put it in the mail" excuses for those tenants that mail in rent. Double check your local laws, of course, but I'm sure many places would agree that rent needs to be received by a certain time rather than go off a post-marked date. Half the time you can't read those dates on the envelope anyway. Another part of the time, you're wasting time by holding off on filing for eviction by believing them when they say it's in the mail. I'm only slightly jaded some days. ;-)

[Corina Eufinger]

Repair Price Sheet, failure to permit entry clause, improper and unauthorized changing of locks clause are some general ones I have. For SFH's I have a clause where they responsible for fines from city for unkept lawn and sidewalks; winter heating requirement (maybe not a concern for you), and utility agreement for water, sewer, and energy.