Drafting a Lease for Your Rental Property
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Drafting a Lease for Your Rental Property

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If you're renting out property, it's important to draft a rental contract that spells out the responsibilities of both the landlord and tenant.

Visit an office supply store or consult Internet sites to obtain a fill-in-the-blank rental form that is tailored to your state's rental laws.

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Prepare a rental contract, based on the fill-in-the-blank form, that spells out the responsibilities of both the landlord and tenant.
Specify all payment terms in the lease, including due dates, payment methods, late fees, grace periods, penalties and the period of time (such as 1 year, 6 months, month-to-month) covered by the lease.

Determine specific provisions to include in the lease, such as who pays for utilities, taxes, maintenance and repairs, and policies about pets, sub-leasing and inspections.
Include terms in the lease about security deposits, stating when the deposit will be returned and the conditions for a full or partial refund.

Hire a local attorney to review your rental contract and to verify that the document meets all state and local rental laws.

Since a lease is a legal document, paying an attorney to review the draft of your lease is money well spent.


Assigning Your Lease

If you want to move out of property that you're renting before your lease expires, you may be able to assign your lease to another tenant - with your landlord's consent.

Notify your landlord in writing that you intend to vacate the rental unit on a specific date, and request permission to transfer the responsibilities of your lease to another tenant.

Locate prospective tenants (if your landlord consents) by spreading the word among your friends and family members, posting notices on area bulletin boards, and placing classified ads in local newspapers.

Interview prospective tenants while showing the rental unit.

Propose to your landlord the assignment of your lease to the selected candidate; provide your landlord with detailed written information about the prospective tenant, such as employment status and financial ability to assume the lease terms.

Depending on the laws of your state, you may have the right to cancel the remainder of your lease if your landlord does not respond to your written request to assign your lease or if your landlord offers an "unreasonable" response to the request.

Realize your landlord has the right to deny your request for an assignment of your lease.

If your landlord agrees to assign the lease to your selected candidate, you relinquish all rights to the rental unit upon vacating the property.

Since landlord-tenant laws vary from state to state, seek legal counsel before attempting to assign a lease in your state.

Leasing | Drafting a Lease for Your Rental Property | Change the Terms of a Lease |
Negotiate an Apartment Lease | What is a leaseholder | Business property lease |
Contents of a Lease | Manage Rental Property