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Your Standard Lease Agreement And The Vital Details It Must Have

Your Standard Lease Agreement And The Vital Details It Must Have

Preparing your standard lease agreement requires that you know all the important parts of a legal agreement. Your lease agreement will be not valid and ironclad unless you learn to understand every necessary ingredient.

Define the Sections of Your Rental Agreement

You should start drafting your standard lease agreement by first defining the sections that you will need. This includes the names of the people entering into the agreement, their signatures and your lease terms.

In a rental agreement you also need to include information about rent payments, defaulting on payment, deposits, use of the rental property, responsibilities and any other guidelines for the renting of your property.

Not only do you need to have all the important sections in your standard lease agreement, but you need to be sure that each section contains the required details.

What Your Should Include in Every Section

The names of the parties involved in the agreement will include anyone living at the rental property who are over the age of 18 years old. It should also include your name and names of any co-owner, if applicable. It is important to include all the relevant parties because these are the people who will be held legally responsible for your rental property.

The lease term should also be stated clearly. Make sure you specifically state the start and ending dates for the lease.

You need to handle the payment on rent thoroughly. You have to state how much the rent is, when it is due and give specifics about what will happen if it is late. Be specific and make sure that you state what constitutes a late payment.

If you are asking a deposit from your tenants, you must state how much the deposit was and the terms for return of the deposit. By law in most areas you are required to return that to the renter at the end of the lease term with some exceptions.

If you plan on charging fines, fees or other charges you will also have to put it down in writing. Be sure to state what are the exact charges you will impose.

You also need a section that spells out responsibilities for repairs, lawn care and other maintenance. Once again make sure that you are specific. You should state what you will take care of and what you are not responsible for.

Wrapping Up Your Standard Lease Agreement

Remember to grant yourself access to your rental property so that you can collect rent and make repairs as needed.

You should impose restrictions on the intended and proper use of your rental property so that you can protect yourself from nasty tenants who will abuse your rental home or harass the neighbours. This clause will be invaluable in case you will ever to evict anyone.

Preparing a standard lease agreement takes time but it is always worth the effort. Once your rental agreement is signed it will be a legally binding contract that both you and the tenants must follow. If you are unsure, it’s always a good idea that you get a landlord tenant lawyer to look at it to make that it is valid and ironclad.

Teo Zhenjie has been showing landlords how to manage their tenants and rental property effectively on Propertydo http://www.propertydo.com/ – To learn more important tips on standard lease agreement, visit his website today for step-by-step real estate guides, free resources and forms.

Teo Zhenjie has been showing landlords how to manage their tenants and rental properties effectively on Propertydo.com http://www.propertydo.com/ – Visit his website today for step-by-step real estate guides, free resources and forms.

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The Landlords Library Book Collection

The Landlords Library Book Collection
The Landlords Library is the most comprehensive and useful resource on the subject of residential landlording and rental property investing that can be found anywhere. Both new and experienced landlords can benefit greatly from The Landlords Library.
The Landlords Library Book Collection

Landlords – How to Effectively Deal With Bad Tenants
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If i can not speak English, can I hire a lawyer for Landlord and Tenant case to speak for me?

Question by Peter A: If i can not speak English, can I hire a lawyer for Landlord and Tenant case to speak for me?
If I can not speak English, can I hire a lawyer for “Landlord and Tenant” case to speak for me?

Best answer:

Answer by joe.finkle
Si, claro. Hay muchos abogados en nueve york.
Llame el bar association en su estado.

OK, that’s all I know in spanish.

What do you think? Answer below!

2 comments - What do you think?  Posted by - October 3, 2010 at 9:23 pm

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Real Estate Attorney, Divorce Attorney in Fairfax VA 22030

Elizabeth C Barclay Attorney At Law PLC provides high quality legal consultation to Fairfax VA and the surrounding areas. We’ve been in business over 30 years and through that times we’ve built lasting relationships with our clients through hard work and our ability to get results for our clients. We provide consultation for a wide range of areas including real estate, wills and much more. If you need a divorce attorney in Fairfax VA then call on Elizabeth C Barclay Attorney At Law PLC.
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Requirements of Serving Your Tenants With a 3 Day Notice

Requirements of Serving Your Tenants With a 3 Day Notice

<p> Serving your tenant with a 3 Day Notice informs them that they have 3 days to pay the overdue rent they owe you, or they have to move out. A three day notice can be delivered as soon as the rent is due, and in most counties is a requirement before evictions proceedings can begin. If you have a lease, you should review it to determine what day of the week the rent is officially due, and to make sure the lease doesn’t specify a different length of notice before initiating an evictions proceeding (i.e. a 30 day notice).</p><p>     Determining the three day period incorrectly when giving the notice or filing the case in court prior to the expiration of the 3-day time period will most likely result in your case being dismissed. Weekends and holidays observed by the court should not be included when calculating the 3-day time period. Example: a three day notice served on Tuesday, July 3 would expire on Monday, July 9, because you would not count holidays (July 4), or weekends (Saturday, and Sunday). So make sure you don’t start your evictions proceeding before the expiration of the three day notice period, or your landlord tenant action will be dismissed.<br>  <br>  You can only claim rent amounts that are overdue in your three day notice. Do not include any amounts that are not “rent”, such as utilities, security deposits, late fees or other costs. If you have a lease in effect with your tenant and any of the preceding items are defined as “additional rent” in the lease, then you may include it in the amount due in the 3-day notice. If you list items other than rent in your three day notice or rent that is not due yet (future rent), your evictions action can be thrown out by the court. <br>  <br>  The 3-day notice should be served personally on the tenant. In some states, oral notification is sufficient (i.e. it is not necessary to give your tenant written notice if you orally tell them they have to pay rent or move out within 3 days). A landlord tenant lawyer in your area such as <a title=”landlord tenant lawyer long island” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.squidoo.com/landlord_tenant_court_long_island_NY”>landlord tenant lawyer long island</a> can advise you of your state’s laws via e-mail or telephone.  </p><p>     If personal service isn’t an option, you can also mail the 3-day notice to the tenant.  However, please note that you usually must add five days each way for mail time, depending on your court’s requirements.  In other words if you use the mail to deliver an<a title=”eviction notice suffolk county” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.murthalawfirm.com”>eviction notice suffolk county</a>, you have to allow 13 days before commencing an evictions proceeding (3 days + five days + five days). </p><p><br>  There are some circumstances where delivering the notice via the mail is the only choice or where the tenant will always be allowed to use the mail to respond to a three day notice. This typically occurs when the landlord uses a P.O. Box or an out-of-town address for the tenant to pay rent.<br>  <br>  If your tenant pays you the full amount due as per your 3-day notice, you must accept the payment, and you can no longer bring a non-payment proceeding against your tenant to evict them. If the tenant only has some of the rent, you do not have to take it. If you accept partial payment of some of the money due, then the three day notice has been partly complied with, and you can no longer oust the tenant for non-payment of rent. If you accept rent and you would still like to get rid of your tenant, instead of bringing a non-payment eviction proceeding, you can bring what’s called a holdover eviction proceeding. You should consult with a landlord tenant lawyer in your jurisdiction for more information about the steps necessary to bring a holdover proceeding.</p><p><br>  If there are any deficiencies in your three Day Notice, or if you bring the wrong type of evictions proceeding, courts such as the<a title=”landlord tenant court long island” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.murthalawfirm.com/evictions”>landlord tenant court long island</a> will dismiss your case. If you’re not from Suffolk County or Nassau County, consult with your county’s court for their procedure. The consequence of a dismissal is that a new and correct three day notice must be correctly served, and the case has to be started again from scratch.  This would allow the tenant to remain in the property for up to months longer than necessary. <br>  <br>  Another possible result to bringing a defective eviction proceeding is that you may be held responsible to your tenants for legal fees and costs associated with defending the evictions action. This is why it is almost always better to hire a professional to handle the matter for you as quickly and expeditiously as possible. Good luck!</p>

Teaching <a title=”New York Landlord Tenant” rel=”nofollow” onclick=”javascript:_gaq.push([‘_trackPageview’, ‘/outgoing/article_exit_link’]);” href=”http://www.murthalawfirm.com/evictions”>New York Landlord Tenant</a> law since 1986.

 

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Palm Springs San Diego Orange County Landlord-tenant Lawyer and Realtor Warns of a California Rental Crisis

Palm Springs San Diego Orange County Landlord-tenant Lawyer and Realtor Warns of a California Rental Crisis

The Palm Springs Coachella Valley area of Southern California has been hurt tremendously by the real estate and credit crisis meltdown. Cities like Palm Desert, Cathedral City, Rancho Mirage, Desert Hot Springs, Indian Wells, Indio, Coachella, Thermal, Yucca Valley, Joshua Tree, Twentynine Palms, Salton City and of course, Palm Springs have all seen construction of new homes virtually grind to a halt after years of over-building.

 

It doesn’t take a Palm Desert real estate lawyer or a Palm Springs Realtor to know there is a problem. Just in early October 2008, the area’s biggest Realtor in the valley announced it was closing its doors and letting all of it’s agents go to other real estate agencies. There is likely to be more fallout as the real estate meltdown claims other victims in the housing industry.

 

But just when you thought you had heard enough about the economic crisis, the credit crisis, the real estate crisis, the foreclosure crisis or the construction crisis, and lately the real estate agent crisis, add one more as fallout from the others. A rental crisis is coming, as sure as the heat comes to the desert every summer.

 

The number of households looking to rent is going up every month as foreclosures take away their homes. While homes sit empty either not for rent or at rents higher than these households can afford, the demand for cheap apartments is on the rise.

 

What makes this a crisis, is that construction of affordable rental property is declining significantly, rents are going up, unemployment is going up, and those who are employed are seeing their real income fall. That, adds up to a crisis.

 

Have you seen a tent city in your town? You may have one or more, but they simply may not be on the roads you travel.

 

As rents go higher and renters get poorer, despite the demand for cheap rentals, landlords are likely to be faced with potential renters that either fail credit checks or whose credit scores are far lower than they would like.

 

Estimates of when the real estate crisis will end are now being extended farther and farther out. When it was estimated that the real estate market in California would not recover until 2009, people thought such estimates were crazy. Now experts are predicting a turn around won’t occur until 2011 and no one is calling these experts crazy anymore.

 

This situation may have one silver lining. If demand for rental properties continue, and land values continue to decline, this may be the next area of growth for California’s construction industry.

 

In October 2008, the U.S. Commerce Department announced that new home and apartment construction fell in September 2008 by 6.3 percent to the lowest pace since 1991. The report indicates that the housing market correction has actually gained speed in recent months as foreclosures have flooded the market.

 

Just when you thought you had seen the worst of the real estate crisis, it seems to have become worse again with the stock market crash. Whatever month or year people thought the real estate market would recover, we can probably push that date another six months to a year farther out and the rental crisis looming in California is likely to loom even larger.

 

If you have a landlord-tenant, construction law, real estate or mortgage issue in Orange County, San Diego, in Riverside, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Real Estate Lawyers, and Orange County and San Diego Construction Attorneys. For this reason, be sure to hire a California law firm with landlord-tenant, real estate and construction lawyers who can represent you from Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Quinta, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, Murrieta, to Chula Vista, and Coachella.

 

If you have a landlord-tenant, construction law or real estate legal issue, and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.


Visit our website at http://www.sebastiangibsonlaw.com if you have a landlord-tenant or real estate legal matter of any kind. We have the knowledge and resources to represent you as your Palm Springs Landlord-Tenant Lawyer and Palm Desert Real Estate Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo and Santa Barbara.

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Is a Landlord Tenant Lawyer Worth Your Money and Time?

Is a Landlord Tenant Lawyer Worth Your Money and Time?

The services of a landlord tenant lawyer are crucial whether you are a new landlord or have been renting out your properties for years. The simple fact is that you will need legal advice on landlord tenant issues at some point in time. Whether the matter is trivial or urgent, getting the right legal advice is vital.

While you may be reluctant to shell out cash to hire a lawyer,  doing so may actually save you more money in the long run. Your lawyer can help make sure that you comply with all relevant landlord laws and safety regulations to avoid stiff fines and penalties. He can also help you draw up contracts and lease agreements to protect your legal rights.

What are the Issues that a Landlord Tenant Lawyer Can Help You with?

A lawyer can help you out at all the stages of renting a property, from screening tenants to an eviction should one become necessary.  For example you may think that screening tenants is a simple matter but you should know that you could be slapped with a discrimination lawsuit if you run afoul of anti-discrimination laws.

While you can certainly use a standard lease agreement, it’s much better to make sure it is tailored to your own situation. At the very least, your lawyer should review the agreement to make sure it’s not missing any critical provisions that could provide you with protection in the case of property damage, late rent and so on.

If you do have tenants that cause problems, a good landlord tenant lawyer can also help you collect late rent, recover money for damage caused by tenants and even evict a tenant if necessary.

If your tenants turn nasty and decide to sue you for counter-claims, you will definitely want have an experienced lawyer by side to defend against any counter-claims, no matter how baseless those claims may have.

Choosing the Right Landlord Tenant Lawyer for Your Rental Property

Now that you what a landlord tenant lawyer can do for you, just how do you go about choosing one? Fortunately there are several resources that can point you in the right direction.

First contact your real estate agent or mortgage professional for their recommendation.  These professionals can often provide a reference to an experienced attorney. You can also contact the lawyer association in your county or state for a referral. Make sure there is no past or pending disciplinary action on the lawyer’s record.

If you have a family or general practice attorney, chances are he or she can provide a referral as well. If all else fails, you can look in the yellow pages, but this is a bit like a stab in the dark so leave it as a last resort.

Even if you find a big name firm, this does not guarantee that the lawyer is competent, though it will probably guarantee you will end up paying high fees!

Once you have a referral, call around for a quick phone screening. Find out how many years of experience the attorney has, and choose someone who’s been practising real estate law for a minimum of 3 to 5 years. Find out about his fee structure and billing rates; also ask what tasks are billed hourly and which ones are billed on flat rate.

Finally make sure the landlord tenant lawyer you choose is attentive and willing to work with you.  An experienced lawyer knows how to tailor their services to meet your needs.  Think of your lawyer as an assistant in your rental business. Choose wisely and the advice you receive will be well worth the money you spend.

Teo Zhenjie has been showing landlords how to manage their tenants and rental property effectively on Propertydo http://www.propertydo.com/ – To learn more important tips on landlord tenant lawyer, visit his website today for step-by-step real estate guides, free resources and forms.

Teo Zhenjie has been showing landlords how to manage their tenants and rental properties effectively on Propertydo.com http://www.propertydo.com/ – Visit his website today for step-by-step real estate guides, free resources and forms.

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