rental formsRental applications, leases, and virtually every landlord form you’ve heard of – and some that you’ve never heard of, used to be in the exclusive domain of lawyers.  But today, legal form books allow landlords to seize control of rental forms, and to save a bunch of money in the process

But will these preprinted rental forms work for you?

The answer is “yes”, if you know how to use them.

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Posted in Forms

Does racism threat justify lease breaking?

Rent it Right

by Janet Portman, Inman News

landlord helpQ: We live in a multifamily community whose management assures us that they take their screening duties very seriously (the result, perhaps, of a crime committed by a resident a couple of years ago).

They claim that they hire a screening company, that they check “every legitimate source” of information on an applicant. We know they look on the Internet — when the manager gave us the keys, he complimented us on the photos on our family Facebook page!

But the guy who moved in next door must not have been screened — his blog goes back years, filled with racist rants. As members of one of the races whom he hates, we feel very uncomfortable living near him, and would like to break our lease and move.

 Can we do so legally? –Bill and Janelle P.

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Rent it Right

by Janet Portman, Inman News

landlord helpQ: Our lease says that we can renew our lease for another year, “at market rates.” Now it’s time to renew, but the management company has given us a rent figure that we think is way over market. How can we convince management to get real? –Margaret M.

A: Unfortunately, your renewal clause has been written very poorly. As anyone with any real estate experience will tell you, “market rates” is a somewhat subjective term. And that could doom your renewal right.

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Tips on setting rent, drawing up contract

by Robert Griswold

Q: Almost two years ago I bought a condominium unit in my area as an investment. My tenant has been pretty good about paying the rent and has not caused any problems. Her one-year lease is going to expire in less than two months and the weakened rental market has opened up a lot of vacancies in the area.

As a relatively new landlord, I was hoping to see what you thought about my strategy for asking my tenant to renew her lease. I would let her renew at the current rental rate as long as she commits for at least 12 months. If she wants to go to a month-to-month rental agreement, I will concur but only if the rent is increased by $50 per month.

If she renews the current lease, can I just prepare a simple addendum indicating that only the term has changed? Also, should I add a clause that states, “All prior conditions and disclosures are the same”?   I am not quite sure about the best way to extend the lease as far as the paperwork. What do you suggest?
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Rent it Right

by Janet Portman, Inman News

Q: My aunt and uncle agreed to sign as guarantors when my wife and I signed our lease last year. When the lease ended, we stayed on, paying rent but without signing a new lease.  After a few landlord helpmonths, the landlord and we crossed out the beginning and ending dates on the old lease, entered new ones, agreed to a slightly higher rent, and signed for another year.

Now, we are out of work, and we and the landlord have asked our guarantors to pay a portion of the rent. They refused, saying that they signed up only for one year. But, the guarantee clause says that their promise will remain “in full force and effect,” even if the lease changes. Aren’t they still obligated? –Peter J.

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Subtenancy Rules Curb Unethical Profits

Rent it Right

by Janet Portman, Inman News

Q: I rent a three-bedroom house to my tenants, a couple. A while ago, they asked if they could sublet two of the bedrooms, and assured me that they would carefully choose the tenants. The landlord helpsubtenants are fine — but I’ve just learned that they are paying quite a bit of rent for those rooms. My tenants are making money off of my property! What can I do about that? –Marty P.

A: At this point, there’s not much you can do about it. You already agreed to the subtenancies without specifying how much rent would be charged and who would get it. You might try arguing that your agreement created only month-to-month subtenancies and try to revoke them with proper notice (30 days in most states). Then, insist that these newcomers become full-fledged tenants.
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landlord legal formsIf you are in the “move ‘em out, move ‘em in” phase right now, but don’t have a good way to track damages and deposits, here’s a free legal form that you don’t want to be without:
 
 
Careful documentation helps you avoid disputes over security deposit deductions and track rental repairs while formalizing your security deposit agreement.
 
Other related forms are available, too, including rental lease, pet policy, mold and lead paint disclosures, and emergency gas shutoff instructions.
 
AAOA members receive special discounts on EZ Landlord forms, so be sure to log-in, then click Landlord Forms.
 

 

American Apartment Owners Association offers discounts on products and services for landlords related to your commercial housing investment, including real estate forms, tenant debt collection, tenant background checks, insurance and financing. Find out more at www.joinaaoa.org.

To subscribe to our blog, click here.

Rent it Right

by Janet Portman, Inman News

late rentQ: Last September, I was unable to pay my rent ($1,000 per month), and incurred a late fee of $100. I paid all of October’s rent, and every month’s rent from that time onward, but I wasn’t able to pay September’s rent until now. I’ve just paid it, by paying double this month, and my landlord tells me that I owe him $1,000 in late fees — $100 for each of the 10 months that September’s rent remained unpaid. Is this legal? –Amy P.

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Is Landlord Shooting Self in the Foot with Sloppy Language?

Rent it Right

by Janet Portman, Inman News

Q: We’ve been asked to sign a long lease that has a very odd clause in it. It says, “Landlord is not liable to tenant if anyone is not permitted or is refused entry into the building.” What do you think this is all about? –Abe B.

A: Your landlord may be worrying about litigation if the doorman, manager, supervisor or anyone else with authority attempts to limit entry to people other than residents. But it’s an odd clause, and probably worthless, because attempts to limit one’s liability in advance have to be carefully, clearly and narrowly drawn; and they will not be enforced if they are against the law or public policy.

This clause is anything but carefully worded — it attempts to absolve nuts and boltsthe landlord of liability to the tenant if “anyone” is refused entry, and does not specify the circumstances.

What could management be worried about? Perhaps it wants to limit guest stays, and wants the ability to refuse entry to someone who appears to have morphed from a guest to an unauthorized occupant. The way to handle this concern is to use a lease clause limiting guest stays, and to make it clear that overstaying the limit will result in a “cure or quit” notice delivered to the tenant.

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Longtime tenant fights policy absent from lease

Robert Griswold

Q: I have been a tenant in the same apartment for nearly 12 years. Last month was the first time I couldn’t pay my rent on time because I was out of town longer than expected. I sent in my check as soon as I returned home, on the fifth, but my landlord now wants to charge me a $40 late fee.

I was surprised and I checked my lease. It says the rent is due in advance by the first of the month and there is no grace period. But there is also no mention of a late fee. I also noticed that the landlord didn’t even cash my check for more than three weeks after she received it.

This doesn’t seem fair and I am thinking that she can’t arbitrarily demand a late fee without disclosing it to me in my lease. What is your opinion?

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