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Lawyer For Rental Agreement: Everything You Need To Know

A rental agreement is a contract between the property owner and the tenant. This agreement is done for the safety and security of both parties involved. It talks about the various clauses that must be taken care of before leasing or renting a property.

What is a Rental Agreement?

The rental agreement is a contract between the house's owner and the tenant of the house. This contract includes the terms and conditions of the tenant's stay, such as the period. The rental agreement is a means to safeguard the rights of both the pirates beforehand and reduces the chances of future disputes. About 35% of US households are currently living in a rental property.

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Types of the Rental Agreement

Rental agreements can be of various types depending on the type of contract period. Renting contracts come in a variety of forms.

  • Rent

    This legal contract specified the duration of the possession by the other party for a defined period. The rental agreement also talks specifically about the rental cost, maintenance charges, the cost of damages, insurance charges, etc. Unfortunately, the rental cost has seen a surge of 10% in the past ten years.

  • Lease

    A lease can also be known as a permanent contract. It is a long-term rental agreement that is typically for a fixed term of one year or more. However, the term can be shorter or longer depending on the agreement.

  • Leave and license

    In this contract, the tenant gets permission from the owner to stay at their property for a particular time. However, they have no rights over the property.

Why is a Rental Agreement Important?

A rental agreement is an important document that must be signed between the owner and the tenant. The contract talks about all the things discussed by the client verbally. It helps to eliminate any reason for friction in the later stages. Here is why a rental agreement is essential -

  • It helps state a professional relationship between the house owner and the tenant. While signing an agreement, both parties can also have a police verification to ensure that the other person's background is good.
  • The rental amount and payment type, monthly or quarterly, are clearly stated. It also includes a list of the overhead charges that the tenant needs to pay, such as maintenance costs, electricity bills, gas bills, etc. Moreover, it also talks about late payment charges that the tenant shall have to pay. There is a surge in rentals throughout the US by 77.7% as compared to 2020.
  • The rental agreement clearly states the tenure of the possession. It also mentions early release or delay in the term.
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What is Included in a Rental Agreement?

A rental agreement is a legal document that talks about the rental status of the property and the details for the same. Let us see what is included in a rental agreement apart from the charges and duration.

  • Responsibility of Maintenance

    In most properties, a house modification, such as breaking a wall or constructing one, is not allowed. Many house owners do not even allow the pinning or a nail unless the tenant is willing to repair it before leaving. The rental agreement clearly states whatever is included as a part of maintenance and who shall bear the charges for any damage caused.

  • Details of the Rental Property

    In this section, everything about the rental property is clearly stated. This includes the square foot area of the property, rooms, washrooms, kitchen, etc. In addition, any area that is not permitted for the tenant, such as the basement, must also be mentioned.

  • Visitation Rights

    The house owner has the right to visit their house as and when they see fit. With the help of visitation rights, the owner ensures that all the instructions are followed and that the house is well maintained. However, this must not seem like an intrusion into the tenants' lives. Thus, the owner must inform the tenant at least 24 hours before visiting.

  • Insurance Terms

    Most owners pay the insurance premium on the house. An insurance premium is a cover charge paid on the house. It protects the house against destruction caused by thefts, etc. However, this, too, must be mentioned in the contract.

  • Any Other Terms Discussed

    If there are any terms that the owner and the client have discussed personally, such as sublease rights, security deposit, commercial usage, number of people staying in the house, utilities, etc., they must be stated in the rental agreement. This way, both parties are sure of the terms discussed, which leads to no miscommunication.

Rental Agreement Lawyers

Lawyers can be hired to ensure that the rental agreement is properly drafted. They check all the details and formulate an agreement for you that is then sent over to the future tenant for signing. The fees for the rental agreement lawyers are generally of a higher end, generally between 150-350 dollars an hour. However, it must not be ignored.

When a lawyer pens down a rental agreement, they review the entire sheet. A lawyer ensures that there is no loophole missing that will put either party in trouble. It clearly states all the ifs and buts that might turn up in the future.

Roles of a Rental Agreement Lawyer

When it comes to renting a real estate property, hiring a lawyer is an important step for the safety and security of both parties. Here is how a rental agreement lawyer can help you-

  • Conduct a background check on both parties involved, eliminating any reason for scams or illegal activities.
  • Check the details of the property carefully. Thus, they can identify if the property is legal or has any illegal constructions. Also, look for any ongoing disputes regarding the property.
  • Help evaluate the property for any damage and ensure that it is also mentioned in the agreement or ask the owner to take care of it beforehand. Check the house's appliances and functioning, so the tenant has nothing to worry about.

Key Terms

During a rental agreement, there are a few legal terms that you should know about. Here are some important key terms-

  • Sublease contract: In most rental agreements, the tenant is not allowed to lease or rent the property to a third party. However, this must be clearly mentioned in the agreement.
  • Security deposit: The tenant pays this initial cost to the owner. With this help, the owner can ensure that the tenant shall not leave the rental property beforehand. At the end of the tenancy, the landlord deducts any damages or unpaid rent and then returns the rest of the security deposit back to the tenant, if there is any left.
  • Utilities: Utilities refers to the services available in the house, such as water supply, gas supply, electricity, etc.

Conclusion

Hiring a lawyer for a rental agreement helps to ease the process for both parties involved. They ensure that the rights of both parties are guided, and there is no unseen detail left. In addition, the lawyers are responsible for handling all the communication between the two parties initially. As a result, the process of renting is not only smoothened out by them but is also a safer option.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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