What is Short Term Rental Agreement Drafting?
A short term rental agreement is a legal contract between a property owner and a tenant who will rent the property for a short period of time. It clarifies important aspects of the arrangement so that parties gain clarity and can prevent disputes.
Read the rest of this article to explore what key terms you should include in a short term rental agreement, how to structure and write it, and if you require a lawyer for the drafting process.
What are Key Terms in a Short Term Rental Agreement?
Your short term rental agreement should include the following core components to protect both parties’ interests.
- Parties. Identify both parties by their full legal names and provide their contact information.
- Property address. Provide the rental property’s address. Include a description of the location for clarity.
- Dates and times. Explain the effective dates when the check-in and check-out occurs.
- Costs and fees. This should explain the rental price and any costs, such as cleaning fees.
- Security deposit. This outlines the security deposit amount and refund rules.
- Guest limits. Allowed capacity in the rental must be specified.
- House rules. These provide limits for guests, such as regarding smoking and having pets.
- Repairs and maintenance. This section outlines who is responsible for upkeep and repairs on the property.
- Cancellation. This explains what happens if a guest cancels the agreement.
- Damages. If something goes wrong, such as something gets damaged on the property, there must be clarity about which party is responsible for it.
What are Tips for Drafting a Short Term Rental Agreement?
A short term rental agreement should include extra information to provide clarity to parties.
Check the Legal Rules
Since short term rental agreements can vary in different geographic locations, you want to be aware of all relevant rules and laws.
Describe the Property
The property must be clearly defined, such as by including the property address, what areas can be accessed, and what areas are off limits. There should be information for parking and storage facilities, if applicable.
If entrances are shared between units in a building, you want to clearly define the access points for the specific location.
Be Clear about Visitor Policy
You should specify how many people are allowed to stay overnight in the property. Should limits be exceeded by guests, you might want to include a fee. Any restrictions for additional guests must be clearly described.
Outline all Payments and Fees
Explain what rent is charged and payment deadlines. Include expenses, such as cleaning, pet, and parking fees, depending on what’s required. This prevents surprise costs that can result in disputes.
Mention Damages
It’s important to have clarity about how damages will be evaluated and documented. Explain the processes for paying for them. Distinguish between general wear and tear versus damage so that you reduce misunderstandings.
Include Safety Expectations
Explain practical safety expectations for guests, such as how they can use amenities responsibly. If there are high-risk features on the property, such as hot tubs or balconies, you want to include specific rules and warnings. This serves to prevent incidents and injuries.
While the guests should take responsibility for their safety, the agreement should also outline owner responsibilities, such as maintaining the property so that it’s safe and complies with all legal obligations.
How Does a Lawyer Help You with Short Term Rental Agreement Drafting?
If you’re drafting a short term rental agreement, you might want to work with a qualified lawyer. A lawyer will conduct various activities during the drafting process, such as:
- Customizing the agreement to the specific jurisdiction and according to all relevant laws.
- Defining rights and responsibilities so that there’s no confusion regarding terms like payment, occupancy, and more.
- Ensuring liability and risk management provisions are solid. They will draft clauses dealing with property damage, injuries, and liability limitations.
- Considering insurance requirements. A lawyer will help parties to ensure that the contract is aligned with relevant insurance coverage.
- Creating payment terms that are structured for clarity, such as regarding deposits, refunds, and late payments.
- Navigating property features and risks. For example, a lawyer will add unique provisions for features on the property so that you minimize your risks.
- Preventing disputes. A lawyer does this by including clear terms that reduce ambiguity. This ensures a solid agreement should there be disagreements or claims in future.
- Reviewing a short term rental agreement you’ve drafted. They’ll check for any hidden risks and vague wording, while making revisions to ensure the agreement is legally valid and specific.
Where to Find a Lawyer for Short Term Rental Agreement Drafting
If you want to hire a lawyer to draft your short term rental agreement, you don’t have to spend a lot of time trying to find a reputable, experienced one. Online legal platforms such as ContractsCounsel streamline your lawyer search.
ContractsCounsel is one of the largest online legal marketplaces where you can easily connect with a curated network of vetted lawyers from the comfort of your home.
To request that a lawyer on the ContractsCounsel platform drafts your short term rental agreement, here are the steps to follow:
- Go to the ContractsCounsel marketplace, where it’s free to post your project.
- Mention a few details so you can match with the right lawyer, such as information about the property.
- Receive lawyer bids. Instead of searching for a lawyer, you’ll receive multiple bids from lawyers on the platform.
- Review the lawyers’ profiles. ContractsCounsel provides extensive lawyer data, such as the lawyers’ credentials, client ratings for previous projects, years of experience, and field of expertise.
- Connect with a lawyer and hire them to draft your short term rental agreement for a flat fee.