Check for These Items in Your Rental Agreement
Who loves reading rental agreement leases?
No one. Why should they? All the unintelligible legalese, lengthy stipulations, and scary sounding security deposit ramifications are very intimidating and no one’s idea of fun. This is why renters tend to glance it over only because we know we should, but ultimately don’t read each and every word.
This is also why, when we’re acting as military landlords, we may be tempted to send the easiest, cheapest copy of a generic lease we can find. Just sign the thing, and we’ll all get on with our lives, right? Especially if you’ve been living in installation lodging with toddlers and pets for two months!
Although a generic lease tries to cover the major issues a tenant/landlord relationship might encounter, it’s also highly customizable to meet each party’s needs, starting with location. It should be state specific, because each state enforces rental laws differently, including the Servicemembers Civil Relief Act and separate military clauses.
The following descriptions are examples of insertions for a potential lease agreement. Remember, specifically addressing various circumstances ensures both the landlord and tenant have communicated clear guidelines and expectations for living in the home.
Here’s what you should look for:
1. Payments, Fees, and Charges
Long gone are the days of dropping off a check to your landlord each month. Or, are they? An explanation of exactly how much monthly rent is and how it is paid should be written out. Take into account late fees and banking schedules for weekends and holidays.
Clarify how pet fees and security deposits are handled. Some landlords intend to earn interest on deposit money. Describe what has to be done to receive full deposits and what flaws are considered “normal wear and tear.”
For move outs, professional cleaning of the house, to include carpets, is a regularly occurring statement in a lease.
2. The House
Pests are more than an inconvenience and could potentially destroy a home. Some landlords require monthly pest control service, even to guard against fleas and ticks from your pets.
A notation of landscaping duties and exterior upkeep like gutter cleaning and power washing is necessary. Sometimes these payments are included in the rent.
It’s also possible that the homeowner prefers the cost of utilities to be included in the rent each month.
In some neighborhoods, off-street parking (or lack thereof) is a huge issue. The shortage of parking may be addressed by the purchase of city parking permits. Either the landlord or tenant is responsible for fees.
Which appliance repairs will be paid for by the renter or owner? If major repairs (mold remediation or storm damage) require the tenant to temporarily move out, who pays for their housing?
Proof of renters insurance is commonly requested from the tenant before the owner will sign the lease agreement.
3. Occupants
A list of everyday occupants is typical; long term guests and sublets are not. Addressing these unusual circumstances is a must.
Pets occupy the house, too. But what kind of pets are okay? Exotics are usually illegal, but some are not.
Renters should be provided with written guidelines for how and when the property manager or owner will make visits to check on the house.
Smoking in the home is not a usual request, but the homeowner can approve the ask. It’s likely to come with conditions for professional cleaning later.
4. The Servicemembers Civil Relief Act and a Military Clause
These two concepts are easily misunderstood and often produce avoidable angst. In short, the SCRA provides the service member tenant a legal and enforceable way to terminate a lease early without consequence. However, some due diligence must be accomplished, such as providing your landlord written notice and continuing payments for both the month notice is given and for the following month.
A military clause simply enhances the SCRA or adds changes to the lease’s parameters by adding details. Many tenants ask for a specific military clause if they’re on a waiting list for installation housing or intend to transfer to another nearby location but will not have PCS orders.
A landlord who is also a service member may add a clause to the lease, often referred to as a “reverse military clause.” This means the homeowner added the condition that they will return to the home if a PCS warrants their move, regardless of the tenant’s signed lease dates. For tenants, overlooking this military clause is exceptionally disruptive in stability and could have financial consequences.
A rental agreement is surely an occasion when the more information available, the better. Landlords and their tenants mutually benefit from clear instructions and expectations. Taking the extra time to fully read and amend a rental agreement is really the only way to maximize the opportunity to live in peace, without worry.
By Dawn M. Smith for MilitaryByOwner
