How to Protect Yourself as a Landlord
Most people don't become a landlord for fun. You're renting out property to earn a profit. That becomes difficult, if not impossible, if you lose money due to negligence on the part of your tenants. While it won't guarantee that renters won't damage property, protecting yourself by having certain forms reviewed and signed by tenants can help keep everyone on the same page.
The following contracts and forms will help protect your investment by mitigating the risks of renting out your property.
The first step in the landlord-tenant relationship is for the potential renter to fill out a rental application. This form allows for preliminary screening of would-be tenants.
By filling out the application and signing it, applicants agree to a background check. With this information, you can see how the prospective tenant treated former rentals and financial transactions in general. It can serve as a window into how the person is likely to act as your tenant. If the background check is less than ideal, this gives you the opportunity to reject the person and wait for a more appropriate tenant.
Let's say the background check looks good. After you approve a tenant, it's time to present the person with a lease agreement. This legally binding document formalizes your relationship with a tenant and serves to protect you and the renter.
A lease agreement outlines your expectations of the tenant, including rent price and when it is due each month. The document lists the required security deposit and notes that you will use a portion or all of the security deposit for repairs if the tenant damages the property.
The lease agreement should specify the rental duration, most commonly month-to-month or yearly. You can also outline any property rules, such as noise restrictions or if smoking is allowed.
If you have agreed to let a tenant bring a pet onto the property, it's essential to include an addendum to the lease agreement. Such an addition to the lease spells out fees to be charged for having an animal on the premises and additional security deposit costs to cover any possible pet incurred damages.
Bed Bug Addendum to Residential Lease
It's advisable to provide general information to tenants about bed bugs and bed bug prevention. Additionally, a bed bug addendum discloses the property's bed bug history for the past 12 months and advises tenants of their responsibilities regarding bed bugs.
Mold Addendum to Residential Lease
A mold addendum to residential lease provides tenants information about mold in residences in general. This document also discloses if there is a known mold presence in the home. Tenants are also told their obligations when it comes to mold in the residence.
Asbestos Addendum to Residential Lease
Before you lease out a property, you may be required by state or local laws to disclose to potential tenants if you have knowledge of asbestos in the building. Asbestos was commonly used as insulation in home construction before 1981. Left undisturbed, it poses little risk. However, if asbestos becomes airborne, it can cause severe health problems, including cancer.
If the structure was built before 1981, or you know of asbestos in the building, you are required by law to disclose this to the tenant. You can do this easily with an asbestos addendum to residential lease form.
Residential Rental Checklist
To protect your property and your pocketbook, it's always a good idea to document the condition of the property before tenants move in. When the tenant moves out, you can withhold money from the security deposit to cover the repair cost of damage caused by the tenant.
Without a residential rental checklist, a tenant could claim that damages they caused were there before they moved in. A formal checklist lets you be sure of the condition of your property. You and the tenant both sign the document to show agreement about the property's condition on move-in day.
Homeowner's insurance alone is not enough to protect you as a landlord from financial losses. Landlord's insurance offers extra protection for your property. Such policies generally provide property protection that covers damage to the home. This applies to the house itself and any other structures, like a garage. Equipment you leave onsite for maintenance purposes is also covered.
It's advisable to require that tenants obtain renter's insurance to cover their property in case of theft, water damage, and other natural disasters. Some tenant policies also provide coverage if a renter is injured.
A rent receipt shows that rent was paid and on what date. Such documentation is helpful for both renter and landlord. A receipt can prevent any misunderstandings or disputes about payment.
It's a good idea to keep track of keys and garage door openers. Note how many keys and what type of keys you provide tenants when they move in. This may mean keys to multiple doors, as well as to a mailbox. Stipulate on the receipt that you will charge for lost keys and garage door openers.
Residential Lease Termination Agreement
A residential lease termination agreement cancels an existing lease before it's originally scheduled to end. When you and the tenant sign a residential lease agreement, you agree to terminate the lease and any obligations attached to the lease. You may choose to charge the tenant a lease termination fee.
Notice to Pay Rent or Quit
While you hope that tenants pay on time, sometimes they don't. In that case, you may need to order the tenant to pay rent or leave the premises. Giving the renter a notice to pay rent or quit shows how serious you are about collecting rental payments.
Being a landlord can be financially rewarding, yet it does pose risks. At 360 Legal Forms, our comprehensive list of landlord and tenant forms can help. See for yourself by signing up for a free trial.
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