Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
×
Try Pro Features for Free
Start your 7 day free trial. Pick markets, find deals, analyze and manage properties.
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Cat R.

Cat R. has started 12 posts and replied 84 times.

Post: Lease Agreement Must Have's

Cat R.Posted
  • CA
  • Posts 85
  • Votes 21

Im also working on a new lease and adjusting it as well. A few things I want to add are a pest  and maintenance clause.  I just haven’t found the right wording. 

I am considering adding a clause to my rental agreements stating that I would only be exterminating for any pests within the first 2 weeks of move-in. Any pests after that are the responsibility of the tenants. But I haven’t figured out how I will word it or the terms. 

Originally posted by @Doneshia Marinnie:

The local, state and federal laws will always supersede what may be written in a lease agreement. Therefore, any clause you may have in your lease that may contradict a law can be voided by a judge. If you haven't already, I'd double check to make sure your lease has a severality clause stated in it. This will protect the legality of your entire lease even if a judge declares that one of your clauses are invalid. In this particular scenario, I would inspect the property after you receive possession back, looking for any repairs that may have been done and see whether or not they were completed correctly. If any repairs that are done compromise the integrity of the property, I would document and record anything associated with repairing their repairs and charge it back to the security. Good luck!

What is a severality clause and how is it worded to be included in a lease?

did the tenant move out or just not showing up at home? If they disappeared, I would evict whomever is on the property. But let’s see what someone else suggests cause this is my thought. Maybe someone has actually gone through this. 

@Kushal Soni you can open it. Just draft up a letter to the tenants kindly redirecting them to the manager.
Originally posted by @Kushal S.:
@Cat R.

It’s perfectly fine to enforce that right ?

 Absolutely. 

What are some of the clauses you use for your residential leases? I am working in a new rental and plan to include a clause for pests. We will only cover one extermination and the tenant is responsible for any others needed. I also plan to add clauses that we are only responsible for fixes that effect the home and not tenant caused damages. We keep getting calls for stopped up sinks that are a result of grease or rice being allowed down the drains. What other clauses do you use in your leases? I’m in California.
@Kushal Soni id have your property manager enforce going going through them versus directly to you. You can also send a letter advising ALL tenants that no mail is to be sent directly to you and direct them to your manager.
@Richard Wetherby I usually do a monthly drive by randomly depending on where I’m at. I usually don’t inspect the inside, but I need to for some tenants. I need to draw up a letter for that. Just haven’t gotten around to it.