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Lease Provisions Matter

All too often, landlords use a lease agreement that they find online (even Zillow), and they believe their interest in the property is secured. The truth is, a lease agreement that is not drafted by a landlord-tenant attorney specialist is likely to lack the substance of what is needed to adequately protect the landlord in his or her rental business. Not only does a well-drafted lease help to protect a landlord's interest, but also it helps to coordinate and streamline a landlord's rental operations.

The number of issues and circumstances that arise in a residential tenancy are innumerable, so the lease must attempt to cover as many variables as possible in its terms and conditions. Otherwise, the landlord may find himself not knowing how to handle a particular situation.

First, I believe a lease agreement should have a "cover page" that has all of the variable information concerning the lease. For example:

  • Tenant names

  • landlord name

  • landlord agent

  • guarantor not

  • communication methods

  • rental address

  • tenancy type

  • move-in date

  • move-out date

  • base monthly rent

  • first payment before move-in

  • additional rent application

  • recurring monthly charges

  • occupants

  • vehicles

  • utility details

  • addenda included

Next, after the cover page, the lease should include the standard terms and conditions that apply. For example,

  • move-in procedures

  • delay in occupancy

  • repairs at move-in

  • rent term

  • security deposit

  • vacate date

  • vacate procedures

  • vacate, renewal, and holdover

  • month-to-month tenancy

  • tenant notice to vacate

  • military transfer

  • keys/access

  • premises conditions

  • vehicle rules

  • utilities

  • risk of loss

  • use of premises

  • condition and maintenance

  • damages

  • default

  • lease termination

  • access to premises

  • miscellaneous

  • entirety clause

  • error/omissions

  • originals and attachments

Next, the lease should include the applicable addenda that apply. For example,

  • fee

  • minor repairs

  • air conditioner

  • natural disaster

  • amenities

  • weekend/holiday repair request

  • lawn maintenance

  • airport environ

  • home-based business

  • bed bug

  • pet

  • swimming pool

  • lead based paint

Under these categories, there are details of terms and conditions that must be addressed that suit the needs and goals of the landlord, considering the legal requirements under F.S. ch. 83, pt. 2.

Serious landlords must take the lease agreement serious. It is the most important document involving the rental operations. If you, as a landlord, need to ensure that you are operating your rental business properly, you should consider a property management company that incorporates lease provisions that protect and enable the landlord to make the most of their business and investment.

aDoor Property Management is led by a landlord-tenant attorney and real estate broker with nearly 2 decades of experience in the property management business. If you need help with your property management, please contact us.

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