Protect Yourself: 5 Essential Lease Clauses

Most standard leases account for the major concerns of most Boston (and Massachusetts) landlords. They address the rental amount, rental length, terms, and when rent should be due. They also address what takes place in the event of non-payment.

However, the standard lease fails to address many specifics of a particular property, and the concerns of your average landlord. Every landlord should consider having a separate lease addendum that tackles the unique concerns of his/her property, and protects that landlord against tenant abuses.

The following are 5 potential lease addendum items that most Boston landlords might find useful. Not all of these are necessary, and the specific language of the addenda should cater to your specific property situation. Unclear about the wording? Consider having an attorney review the lease addendum to make sure the agreement is airtight.

1. No outside water use – This is to protect against the possibility of tenants using the outdoor water supply for large-scale tasks e.g. washing their personal vehicles or filling up swimming pools, etc. Standard water use is generally limited to bathing, toilet use, or laundry, so make an explicit statement about outdoor water use to avoid confusion.

2. Restrict tenants from subscribing to satellite TV/Internet services – Your tenants may be tempted to purchase a satellite TV package for their home entertainment, but as a landlord, you should restrict them from doing so. Why? Satellite service providers typically attach satellite dishes by puncturing holes in the siding or rubber roofing of the home. Over time, these holes can lead to water exposure and damage, especially if the water freezes.

Moreover, the dish provider usually does not return to the property to remove the dish after a tenancy ends, nor do they attempt to reuse the dishes. A 3-family home could end up with 6 or 7 dishes as a result, and more long-term damage (and stress) than you the landlord bargained for. Be clear with your tenants from the get-go, and have them only opt for non-dish based Internet and cable services like Verizon or Comcast.

3. Limit the number of cars parking on/near the property – If you offer parking spaces to your tenants, this addendum helps to prevent the misuse or overcrowding of shared driveways and other spaces. You might also consider the restriction of inoperable vehicles from these parking spots. Inform your tenants in the addendum that they are not allowed to park “broken-down” or “dead” cars on the property; these become eyesores that decrease the overall appeal of your building, so encourage them to have those vehicles dealt with immediately

4. Porch spaces are NOT storage spaces – Your property may boast a front or back porch that your tenants can (and should) enjoy in their leisure time. All too often though, tenants run out of interior storage space, and begin to move their belongings outside to the porch. As a landlord, it really is your preference for how you want the property to appear to others, especially from the street level. If you don’t want your tenants to use the porch as storage space, let them know that in this type of addendum.

Similarly, you should have a policy regarding the hallways and common spaces in your multifamily. Inappropriately stowed tenant items can become potential health and safety hazards to the other tenants. Ask your tenants to be courteous of those around them, and to avoid using shared spaces for storage

5. Make the distinction: visitor or additional occupant? – The rationale for this type of addendum can best be summarized by the following scenario:

Suppose your tenant chooses to allow a friend to stay with him or her for a few days. Time passes, and the friend decides to extend the visit; your tenant, of course, gives the friend a key to the apartment. The friend makes himself at home, and your other tenants report him to be coming and going regularly. The tenants feel uncomfortable with this stranger’s newfound permanence.

It is in your best interest to make it known in the lease addendum that any visitor staying with a tenant beyond a set amount of time e.g. 2 weeks will essentially be viewed as an unapproved resident. In that case, the friend must fill out a separate application for tenancy, and will only receive a key to the property if approved. Prior to that, tenants should know that they CANNOT make copies of keys for their visitors nor allow them to stay beyond the agreed upon timeframe established in the lease agreement. This is a matter of safety for your other tenants, and allows you to protect yourself from potential liabilities where the long-term visitors are concerned.

Again, this is a short list of potential items to include in a lease agreement addendum. Not exactly what you are looking for? Check out these other tips. It is important to be upfront with tenants about your needs and concerns as a landlord, as they pertain to your unique property situation. Having these expectations in writing helps to foster clear communication between landlords and tenants, which ultimately enhances the relationship between the two.