Hartford County, CT · Member since 2019 · 6 posts · 5 votes
I just bought a duplex to house hack as my first property and I'm getting ready to rent out the side I won't be in.
A friend's family member is a real estate attorney so I reached out for help on a lease. I figured it was worth paying to work with an attorney to make sure my lease conforms to applicable laws.
Problem is I don't like their lease. It's short, feels incomplete, and instead of "Landlord" and "Tenant" it uses "Us / We" and "You" as if I'm trying to give this lease to a 6 year old (maybe just a personal preference but I don't like how it reads)
They sent me the template and asked for $250 (saying it's a reduced rate). I'm assuming I'm not bound to pay this if I state that I won't be using their lease? They spent minimal time putting in some of the specifics of my property but they may try to charge me for their time if I reject the lease. The fact that it is family of a friend gives me extra pause as well, I'm not entirely sure how to handle it.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
6y
Call the local courthouse ask the ladies who the number one attorney is for that counties evictions they see come across their desk . Get his number .. call that guy and use his lease instead !
Specialist · Riverside, CA · Member since 2015 · 6k+ posts · 3k+ votes
6y
Tough situation and in my opinion avoidable, most states have a standard realtor template that is going to be the best option in most cases, it depends on how this whole situation was handled a if you have to pay or not was it a free consultation or is it billable hours?
Rental Property Investor · Houston, TX · Member since 2017 · 529 posts · 467 votes
6y
Wow. Sorry to hear you are in this situation. Based on your comments, that lease sounds weak. I would get a copy of the lease that realtors in the area use and hire a non-family member attorney to explain it to you line by line and modify it for your use. This is a one time cost but I think you will be much safer and happier. By the way, $250 is a low price to pay to keep the family happy if you know what I mean. That is up to you though. Just don't use that weak lease.
Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
6y
@Nate Hayes, try googling a unique sentence from the lease to see if the lawyer pulled it from an online source. I wouldn't pay $250 for a crappy template. That's more than you'd pay for the to draft a deed to sell a house.
If you've worked with an agent buying or selling properties in that state ask them for a blank lease. They should have well vetted forms for that state. They also have leases here on bigger pockets but I think you have to be a pro member.
Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
6y
It's unclear if there was any agreement/discussion between you and the attorney up front as to what specific services/product you expected and was to be provided and at what cost, so I'll just take a stab at this based on the limited info that's written.
What was the $250 charge for? It sounds like it's for the lease that the attorney has already provided to you. If that's the case, and you now have this lease that you COULD use if you wanted to, I'd say you owe the $250. The fact that you CHOOSE not to is irrelevant, in my opinion.
It's like paying for an hour of an attorney's time to get their advice on a matter. You may choose not to act on their advice, but you got it.
1. In the legal world, there are lawyers who feel strongly about using "plain language" in what they write. The idea is to avoid as much legalese as possible and otherwise make contracts easy to read. Lawyers that follow this movement have no issues with using terms like "we," "us," "you," etc. In fact, it's especially trendy amongst lawyers that write consumer contracts since most states have laws that require consumer contracts to be "easier" to understand.
2. One byproduct of the "plain language" style is that contracts tend to get shorter. So the fact that this lease is short doesn't necessarily mean that it's bad. For example, the default lease I have for my own properties is about seven pages long in it's "kitchen sink" form. Once I remove the parts that you wouldn't need to for most residential leases, you could probably get it under five pages (around 2000 to 2500 words or so).
3. $250 is a cheap amount for a template form. That said, I haven't read the lease so I don't know what the work quality is.
Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.
Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
6y
Call the local courthouse ask the ladies who the number one attorney is for that counties evictions they see come across their desk . Get his number .. call that guy and use his lease instead !
Rental Property Investor · Gunnison, CO · Member since 2014 · 59 posts · 99 votes
6y
@Nate Hayes, this is really a cost vs value question. Sure, it cost you $250, but the value of paying it? It saves any reputation damage within your friend group and in the local investment community. And that is priceless.
Investor · Jamestown, ND · Member since 2017 · 32 posts · 32 votes
6y
I actually told the lawyer I used to make my lease templates to "dumb it down" for my lease agreements. She made me two, 1 for trailer houses and 1 for SFHs. Some of the people you deal with in the rental world don't understand the leases with too much "legalspeak", I wanted them to understand what was in the lease above all else.
Btw, I got charged $750 but whenever I need one or the other I just change the names, address, rate, etc and print out a new one.