Besides the basic information in the lease, what are some lease clauses that can help protect my rental business?

Failing to provide adequate detail of policies and practices or falling silent on important landlord-tenant issues (wherein a lease does not address an issue) can prohibit or limit a landlord from exercising his rights in enforcement of lease terms and conditions or in a defense against legal actions. There may be specific lease language required by state statute or local ordinance regarding lease issues of deposits, fees, landlord disclosures, legal notices, or other items. which must be included in the lease.

Many landlords include lease clauses that address such landlord-tenant issues as:

  • Number of Occupants
  • Use of Premises
  • Severability Clause
  • Joint and Several Clause
  • Guest Policy
  • Pets Policy
  • Landlord and Tenant Repair and Maintenance responsibility
  • Landlord Entry to Rental Unit
  • Landlord Property Inspections
  • Noise and Disturbance
  • Assignment/Sublease
  • Utilities Responsibilities
  • Tenant Renter Insurance
  • Lease Defaults/Grounds for Termination
  • Move-out Procedures

Lease clauses that that violate applicable federal, state, and local laws; for example, Fair Housing, Americans with Disabilities Act, landlord-tenant statutes, zoning laws, building codes, health and safety codes, etc. are illegal.

The lease should not contain any provision that requires the tenant to waive his rights under law. As examples, a tenant cannot waive the landlord’s responsibility of the warranty of habitability or agree to hold the landlord harmless for breaches of the warranty. A lease provision that prohibits the tenant from holding the landlord responsible for the landlord’s negligent acts or other attempt to circumvent landlord-tenant law is illegal.

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