How do I write rules and regulations for my property?
A good lease agreement should include a clause regarding Rules & Regulations (R&Rs). The clause would make it clear that the R&Rs have the same force as a lease clause and state that they may be modified from time to time for the convenience, safety, or welfare of other tenants or even of neighboring properties. The tenant should be required to sign his acknowledgement of the R&Rs at lease signing.
Lease clauses cannot be modified by R&Rs changes in any way that could be considered more restrictive or otherwise detrimental to the tenant. Accordingly it may be the better practice to avoid covering the same issue in both documents.
Many issues can be included in Rules & Regulations rather than being included in the lease agreement. As examples, rules and regulations for items outside of rental units could include:
- Balcony/decks/ terrace must be kept clean and in good condition.
- No drying of clothes over deck railings.
- Prohibited use of property common areas for activities harmful to buildings, grounds, or landscaping.
- Restrictions on storage of tenant property in halls, stairways, or common areas.
- Garbage and trash storage and disposal.
- Parking regulations and restrictions parking such as parking confined to outlined or assigned spaces, towing if improperly parked, no parking or storage of RVs, trailers, boats, or inoperable vehicles on rental property.
- Use of pool, fitness center, and other amenities including guest use.
- Laundry room rules.
- Pet rules.
- No bird or animal feeders allowed.
- Lockout and lost key charges.
- No storage of dangerous materials on rental property.
Whether an issue should be a lease clause or an R&R item depends on various factors including how material the rule/regulation is to the lease itself. If modified, would the R&R item become an issue that would need to be defended in court? All major landlord-tenant issues should be addressed in the lease agreement.