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.