When you rent out your apartment, a rental contract called a lease agreement is drawn up and signed. This agreement contains details about your apartment, as well as the rights and obligations of the tenant and you as the landlord. It is a legally binding document, once it has been signed, so you have to get the details regarding the lease right before any signing takes place.
There are some annoying things that could take place if your lease agreement has failed to include all the relevant details. For example, the tenant could:
Typically, leases run for a 12-month period at a time. Unless stated in the lease agreement, most leases include a clause which allows the lease to be continued on a month-by-month basis. A month-by-month lease agreement is for a period of a month at a time which renews automatically every month until the lease agreement has been terminated by one of the parties. A 30-day notice period is normally required in order to terminate a month-by-month agreement. If it is the tenant who decides to terminate, the notice should be sent to you by mail or hand delivered. You have to give a good reason if you instigate the termination of a lease agreement.
A lease which ends on a fixed date gives more certainty to you as the landlord. It indicates the precise end date for the tenancy, and no notice of termination is required. You cannot stipulate a rent increase with this type of lease. The advantage here is that neither party has to give notice to terminate the lease; it simply ends on the specified date. Similarly, the way the lease is written could stipulate a specific number of weeks, months, or years. It runs in the same way as a fixed-term lease with a specific end date, but it is drawn up in the lease agreement based on the number of weeks, months, or years.
Once a fixed-term lease agreement period has been decided, it means your tenant has agreed to it so is therefore responsible for paying the rent for that particular specified period of time. If the tenant decides to vacate the premises before the term of the lease agreement has come to an end, then he or she is typically required to pay the rent for the remainder of the lease’s term.
In some states, there may be a law that requires you, as the landlord, to act in good faith to find another tenant to take the place of the original one. If you can find another tenant before the end of the vacating tenant’s lease period, you cannot ask the previous tenant to pay the rent for the remaining period of the original tenancy as you would be then obtaining double the rent.
Leases sometimes contain a penalty clause which means the tenant has to pay a re-rental fee to you to help cover some of the cost you have had to bear as a result of having to re-rent your premises.
When the lease has reached its expiry date this does not necessarily mean the rental agreement is terminated. If the lease is based on a "periodic" term, it will renew automatically using the same arrangement as before. To give an example, a periodic lease which is based on a month-to-month arrangement is a series of separate leases, each of which renews automatically as each month ends. If the tenant or landlord wishes to terminate the lease, the correct notice simply has to be given.
If your lease agreement is for a fixed-term (i.e. the expiry date of the lease is stated), then this does not mean that the lease has to stop completely. It can continue either by renewing the lease with the same or different conditions or it may change automatically to a monthly lease. The state that you are living in may have specific statutes which determine what happens to a fixed-term lease once it expires.
In some states, the lease automatically reverts to a periodic one, usually monthly. In other states, the lease becomes what is termed a “tenancy at sufferance,” which is similar to a “tenancy at will.” Basically, this is a temporary arrangement which provides similar conditions as the original lease for as long as the tenant and landlord wish to keep it, but it does not have the same legally binding protection as a periodic lease or a renewal of a fixed-term lease.
The state will determine the time period that notice to quit must be served on a tenant before the official end of a fixed-term lease. As long as you keep to that proper notice period, you will not have to keep to any extension of a periodic lease arrangement or a tenancy at will.
A periodic lease can be based on a weekly, monthly, or yearly basis which automatically renews. If you, as the landlord, wish to end the lease agreement, then you have to give notice for your tenant to vacate, which is based on what is laid down in your lease agreement. You can increase the rent or alter the lease’s terms as long as you give the correct amount of notice. When the end of the notice period has been reached, your tenant is required to vacate the premises or you can initiate eviction proceedings. You may not alter the lease’s term throughout the period of the lease, whether it is based on a week, month, or year.
Do not forget to arrange an inspection with the tenant before your property is vacated. You will want to ensure the property is in the same condition as when you first rented it out to that particular tenant. If you notice that your property is in a significantly worse condition, then you may be able to retain all or some of the security deposit paid by your tenant. If all is well, then a written document indicating that the transfer of the apartment back to you shows that there are no noticeable defects or damage done and you should return the security deposit in full.
In summary, these are the main points you should include in a lease agreement:
Many problems with tenants can be avoided if a good level of communication is maintained throughout the period of the lease agreement.
As soon as the lease agreement has been signed by you and the other party or parties involved, it becomes legally binding. This means it is in both you and your tenant’s interest to read through the document thoroughly together, even if it is lengthy, so that you know that your tenant is fully aware of its contents. Once you are both satisfied, then you jointly sign the lease agreement.