Points to Cover in a Rental/Lease Agreement

  • Type of rental property: (house, condo, basement suite, apartment, etc.)
    • Landlord info:
    • Number of landlords
    • Name of landlord(s) and contact information
    • Type of landlord: Individual, Corporation, Organization
  • Tenant info:
    • Number of tenants
    • Name of tenant(s) and contact information
    • Type of tenant: Individual or Corporation
    • Make sure an address is specified for sending documents prior to and for after the tenancy has ended (2 addresses - address of rental property and permanent address)
    • Other occupants: specify if allowed, how many, how long for, and names of potential occupants
  • If a guarantor is required (Y/N) and the name of the guarantor
    • Guarantor: one who guarantees to pay the rent if the initial tenant defaults on rent payment
  • Details of the leased property
    • Complex Name and Address
    • Description of property
    • Pet Prohibitions- What kind? How many?
    • Parking Availability
    • Smoking (Y/N) ? specific locations allowed
    • Furnishing details- what and how much is already included and the estimated cost/worth of each piece
    • Is one allowed to operate a business from the leased property- and the specific regulations of local zoning ordinances that permit that type of activity
    • Under what circumstances is the landlord allowed to enter
  • Details of the term of the lease
    • Type of term: fixed end date, weeks, months, years, automatic renewal (weeks, months, years)
    • Start date of lease
    • Who is in possession of the property before the start of the lease
    • Is there an option to purchase the premise after lease term or during
  • Rent Details
    • Currency of payment
    • Period/frequency of tenant payments: week, month, quarterly, semi-annually, yearly
    • Amount of rent payment monthly
    • Day of month for expected payment
    • Address to send payment
    • Form of notice required if rent increases
    • Penalties for late payments: percentage of rent vs. fixed charge
    • Does the tenant pay taxes on property?
  • Security/damage deposit-
    • How much?
    • Is it held at interest?
    • Will it be returned at the end of the lease?
    • Is an inspection report required before the deposit is posted?
  • Landlord improvements- If so, what improvements will be made and in detail the time frame of completion
  • Tenant improvements- If allowed? And in what capacity, limits, consent needed, etc.?
  • Termination Notice details
    • legal minimum or other specified notice period
    Utilities- who is responsible? Dividing up Insurance
    • Categories: Tenant?s contents, Landlord?s contents, Leased Property, Personal Injury on Property (Who is responsible for each category)
  • Disclosure of any mold occurrences in the past
  • Disclosure of the presence of lead paint
    • Were the Premises built after 1978- if not, the landlord is legally bound to provide this information to the tenant
    • All records or reports of lead based paint must be acknowledged and made aware to the tenant
    • The agent involved in leasing the premises is responsible for this information
  • Payment of legal costs or attorney fees in the event of a lawsuit- Who is responsible for these costs?
  • Is subletting allowed by the tenant
  • What happens in the event that the landlord passes or sells the building during the lease term
  • Date the lease agreement was signed and when it goes into affect prior to the tenant moving in
Remember to be precise and include additional clauses if need be.
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