What You Should Know About Rental Agreements to Avoid Confusion and Disputes

There are things that you should know about rental agreements so that both landlords and tenants can avoid confusion and disputes. The main thing to understand is that the rental or lease agreement is a legally binding document that should spell out the exact relationship between the landlord and the tenant.

While it is true that some states recognize spoken or verbal agreements for a period of time, verbal agreements are never specific enough, and they are very difficult to enforce since there is nothing in writing. As such, they often lead to disputes between the landlord and the tenant over maintenance, utilities, and many other things, and these could clearly be avoided by having a written document stating:

The period of time that the rental agreement is going to last, whether there will be an option to renew, and any other options that either party wants to include as far as the period of time is concerned.

There should also be a clause that clearly states the date when the rent is due, usually on the first and last of the month, the amount that is being charged for the rent, the late fees that will be charged if the renter is ever late, and anything else regarding the rent. There may also be a grace period after the rent is due, the length of the grace period, and what will happen after the grace period.

If the landlord wants the rent to be paid at his/her office, the agreement must state that fact very clearly. It must also state the form in which payment is to be made (credit card, debit card, cash, personal check, etc.)

There should also be a clause detailing the number of people that may live in the unit, and whether there will be pets allowed. There must also be a clause detailing who will be responsible for maintenance within the rental, paying utilities, whether the tenant may sublet the apartment, and how and when the landlord may access the rental unit.

If you are a landlord and you have no experience drawing up rental agreements, you would be best served by consulting a real estate professional to help you with the first one. This will provide you with a legal document upon which you can base your future rental agreements, but you should always consult with your attorney if you have any questions or concerns about any legal agreement.

The point is that the better an agreement is drawn up, if it is clear about what both parties are responsible for, then it is less likely that disagreements and disputes will arise. Having said that, there will always be disagreements and disputes between landlords and tenants, and they may involve any of a number of issues.

In the event that a disagreement cannot be settled, then there are landlord/tenant courts where the disputes can be legally resolved. In the event that the parties should end up in a legal forum to resolve a dispute, a well-written and clear rental agreement will usually help the court settle the matter quickly.

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