Rental application forms and lease agreements

[Kyle Rice]

I'm a new landlord trying to figure out how I'm doing applications and lease agreements. I'm also trying to decide what to allow and not allow. I know this is a loaded question but how do guys do it? Do you do online apps? Where do you find forms or do you make your own?

[Matt Devincenzo]

There are some good ones here on BP. Up top under resources go to "fileplace". Then you can download up to 3 files a week without a Pro or pro basic acct. Those should be a good starting point, though you may need to get a lease agreement tailored to your state depending on the laws. But that will get you started.

For screening tenants you can use the online smartmove system which is also up top under resources "tenant screening". I haven't used it yet but am about to for two upcoming vacancies in the next 2 months.

[Andrea M.]

Make sure your lease is clear as to the tenants responsibility and your responsibility and you are in accordance with your local/state Tenant Landlord Laws.
Regarding the actual lease, I have included when rhe rent is due, late fees, how the rent should be paid ( cash/money order, certified check, mail, picked up or deposited pest control, pet addendum (if I allow pet which is based on the property), renters insurance, pet fee & deposit, painting, maintenance request (how to I am contacted) just to name a few.
When I first started and wasn't sure I googled my states lease agreements to get ideas on how to tailor my lease. Which I updated/revise every so often

[Wesley L.]

If you want some basic forms, you can simply go to the office supply stores (Staples and Office Depot) and buy them. You can also buy them online (nolo.com)

[Winston Risser]

I see you are from Alaska . I don't know if it is the same there, but in oregon I found state certified forms for sale at a property management company.

They had the correct verbiage for oregon . They also had lead paint disclosure ,pet agreement forms , 72 hour notice and many more.

If you plan on managing your own property I would also read your state landlord tenant law online to get an idea before jumping in .

[James Vermillion]

For the lease I would recommend discussing it with an attorney. They generally have standard leases that they can provide (or modify to meet your needs). Every state has different laws and you need to be sure your lease meets the requirements. At a minimum I would pay an attorney to review the lease you plan on using.

[Tom Goans]

The laws in each state vary. Become familiar with the laws of your state as they apply to tenant and landlord rights. Violate a law and you may face large fines and damages awarded to the tenant. Many times, states post a guideline of the tenant/landlord rights and laws on the Internet.

Winston brought up an extremely great point. Get a copy of the state approved forms for licensed real estate agents and property managers.

Then, review the form, make notes of what additional issues you feel you need to address in your agreement, and then have an attorney review and prepare the final form for use for your business.

Andrea also made a very good point. Legal people and many legal forms are in a different language. Judges frown on this. Make sure your lease and all applicable forms are in 6-grade level English. Judges want every party to be able to understand the agreement.

One other word of caution, judges also frown upon one-sided agreements, especially those that overly protect the landlord, ignore the tenant's rights, and are drawn up by the landlord. Three strikes.

Your tenants are not in the real estate business. Ask yourself, do you understand the entire agreement and would you agree to the terms.

The following paragraph is part of all my contracts. Right above the Tenant's or Purchaser's signature line I have a in bold the following:

1. You are legally bound by this document. Do not sign this Agreement before you read it carefully.
2. Before signing, you may take a copy of these documents to review and/or consult an attorney.
3. Additional provisions or changes may be made in the Agreement if agreed to in writing by all parties to this Agreement.
4. You are entitled to an exact copy of the agreement you sign. Keep it in a safe place.
5. By signing you acknowledge receipt of a copy of this Agreement which was properly completed and which was read before execution.

I also attach a very detailed room-by-room inspection report that is filled out prior to execution of the lease. The lease states on the first page the tenant has inspected the property and accepts the property AS-IS. I NEVER agree to make any repairs or changes prior to the execution of the lease. I do my best to avoid any misunderstandings. Even if repairs and changes are listed in the lease, there is room for misunderstandings. I want the tenants happy at all times.

Happy tenants are good paying tenants that will take better care of the property. Everybody wins.

[Stephanie Dupuis]

Go see an atty. in your area to be sure you get local rental law forms and comply with local laws.

You got great advice above.

[Dan C.]

This is an area where it's pretty important to get the forms appropriate to your state. In my city one resource is a local shop that specializes in legal forms. The rental lease and associated forms which they sell are written by a local attorney well known in landlord circles - so you at least have some assurance that they are based on state law. And the forms are quite inexpensive.

[Lolita Ellis]

Def find a good attorney, hook up with an agent form a relationship they may be willing to share their form. Also become familiar with local landlord tenant laws in general. Tenants quite often know the law when its handy. Excellent, excellent advice from above

[Nicholas Stevens]

Try to find local landlords in your state/area and they will be glad to give you their rental agreements for free. I use Rocketlease.com for my applications, it's free and awesome. You load up the rental on the site and then just email them the link - They fill out their app, pay rocketlease $35 directly which runs a background check, credit check, and eviction report. You then login and view it all - Very user friendly. When I filled out my rental agreements I brought 2 copies and had us sign both, kept one for my records.

[Kyle Rice]

Wow! Thanks all for the replies. A lot of great info. I'm sure Ill be reviewing these posts again and again.

[Mathew Wray]

I definitely echo the other posters. You have to have good, state specific forms to protect you, your property, and the rights of the tenant. I buy my forms from a local property management association. They keep them updated with Oregon's changing laws and also lobby for landlord rights. If you can't find an association in Anchorage then getting in touch with a lawyer is a great idea. It wont be cheap but it'll be worth it in peace of mind.

[Kyle J.]

As for rental apps, I started off using ones I got from a couple local property management companies. They just gave them to me. Later, as I became more experienced and knew what information would be most helpful in selecting the best applicant, I actually made my own form.

As for lease agreements, in addition to the suggestions above, you might also check to see if your state has a Realtors Association approved form. If it does, you can assume it's been through the legal wringer and is okay for your state.

No matter what form you use though, make sure it's appropriate for your state AND that YOU understand everything on it since you are going to be bound by it.

[Steve Babiak]

For a blank application form, the tenant screening company you plan to use might have one that they prefer you use.

[Bill Briscoe]

I can't find a good tenant application sample on the fileplace. Can anyone direct me to one that asks all the pertinant questions? I don't want to waste time reinventing the wheel. Thanks

[Alan Mackenthun]

I bought a copy of a lease from the local mulit-housing association. I modified it to fit my needs and continue to modify it over time as the need arises or for specific properties.

[Jynell Berkshire]

Kyle,

As an attorney, I would highly suggest that you consult an attorney in your local jurisdiction. Template forms from Staples or an online resource may be fine as a starting point but most of the times these forms lack the appropriate language to fully protect your interest.

Best of Luck!

[Elizabeth Colegrove]

I use legal zoom to get the state/area specific leases. I than read through them and add my own clauses based on experience.

[Bill Briscoe]

I can get a lease document, thanks.

I'm just trying to find a decent tenant application. That should be a more generic form that doesn't really vary much from state to state. Its not like you can discriminate based on race in some states vs others so in practice (even if not in theory) the application really shouldn't have to be all that different across the US.

If it helps, I'm in a non-rent controlled area, as is over 60% of the nation.

[Steve Babiak]

@Bill Briscoe look in this next link:

http://www.biggerpockets.com/real-estate-forms.html

You can find that link under the "Resources" menu at the top of this page, then choosing "REI Resources" from there!

[Account Closed]

Check out www.ezlandlordforms.com for basically every kind of state specific legal leasing form you might need. The actual lease document is state specific as well, and it is created through a simple wizard interface.

Punch in your information and it auto-populates and saves the lease document as you go along. You can thoroughly customize the lease and add as many addendums as you want. It is well worth the small fee they charge.