So you are ready to rent your house out. Excellent. Perhaps the most important thing you need to do is to get the correcting wording on your rental agreement. If you want to be profitable as a landlord, you need to get your rental agreement in order.
I am often asked something like, “Where should I get the wording for my lease agreement?” Another question that I am often asked is something like, “What legal wording should be on my rental agreement?”
The legal conditions between the renter and the owner need to be listed in your rental agreement. The rental agreement is a legal contract between the renter and the owner. It outlines what is acceptable use of your property. The first thing you should decide is if you should rent out your house on a month-to-month lease, or for a fixed term like 6 months or 1 year.
The most popular choice of property owners is the 1 year Rental Agreement. Other popular choices are 6 month and 9 month fixed terms. Such a lease binds the renter and you for a set period of time. After this initial period expires, most leases default to a month to month agreement.
So why is a 1 year lease so popular? First it is good for you because you can usually count on having a renter in your rental home paying you rent each month for 1 year. It is good for the renter because it locks the rent in place for the term of the lease.
Owners usually charge a slightly lower monthly rental rate (usually $10 – $20 a month less) for a lease than for a month-to-month rental agreement because tenants on a lease are not as high a risk due to turnover as tenants on a month-to-month rental agreement.
You should know that with a 1 year lease, or any fixed term lease, you can not raise the rent or change other conditions in the lease until that lease expires. You also can not give the tenant a boot like you can on a month to month agreement until the tenant has not paid the rent or has violated some other condition in the Rental Agreement.
Landlord tenant laws in almost every state favor tenants. This means that you can not just violate a Rental Agreement but the tenant can and often does. A tenant can walk away from a lease and there is not much you can do. Keep in mind as well that if this happens, you have to prove that you are trying to rerent your home. Also, as soon as you find a new tenant and he pays the first months rent, you must stop charging the previous tenant for violating the lease. You can not get double payment on a rental unit.