Apartment Room Rental Agreements in The USA
There are many considerations when putting a property on the rental market or looking for a place to live through the rental market. If you are a landlord having a dispute with a tenant, a rental agreement is a good source of evidence showing that you have a written agreement declaring the ins and outs of the property.
Rental contracts are essential for everyone involved, but what is a rental agreement? What should a rental agreement include? We will be answering these questions and giving you much more information to get you up to date with everything surrounding these important documents.
What is a rental agreement?
First, we will begin by explaining what a rental agreement is. If you think, ‘I need a room for rent near me,’ you must ensure that the proper written agreement is in place to protect you as a tenant. A rental agreement is a document that acts as a contract between the landlord and the tenant. This document features all of the terms of the tenancy. The tenancy agreement, in many cases, will be favorable towards the landlord as they are having it written and deciding what will be included.
Most rental agreements are short-term, like month-to-month tenancies, while lease agreements are created for much more extended rental periods that could last anywhere from six months to a year and even further.
A rental agreement is needed for both parties, as the tenant is responsible for the space they are renting. Still, if things break during the tenancy, they are given security in knowing that the landlord will resolve them.
What should be included in a rental agreement?
A rental agreement should feature specific provisions to ensure that the contract protects both parties involved. For first-time landlords who need help with leasing looking to get a rental agreement drafted, seeking the guidance of an attorney is a good idea, even if the document is only a single page. Many varying provisions can be included in a rental agreement, but the most basic types you should find include:
Name and address
You should always include the names of the tenant(s) living at the property and any contact information. The document should also include the landlord’s name, contact information, and the address of the property they are renting out. If the property does not have a proper number, a complete description should be added to the agreement, such as a ‘third-floor apartment.’ In this provision, precision is critical.
Rental terms
This section should feature the length of the rental, commencing from the date of signature of the lease agreement or the date specified in the document. There should be a disclosed notice period for the landlord and the tenant if either party wants to end the agreement early for any reason. Specific laws may vary depending on your state regarding how much notice is required for the landlord or tenant to terminate a contract.
Rent costs and security deposit
The monthly rental cost should be stated in the agreement, and specify if the rent will include the cost of bills. How the tenant is going to pay their rent should also be mentioned. Sometimes, the landlord may include late fees to the agreement for any payments not delivered on the agreed date. Along with the rental cost, security deposit prices should also be featured.
What is included in the payment?
As mentioned above, some rental agreements will include an overall cost inclusive of bills and other payments. The rental agreement should also be explicit on other inclusions to the rent, such as furniture, appliances, goods, and more.
Pets
It should be stated in the agreement whether pets are allowed. In some contracts, an extra charge can be found for tenants looking to bring their furry friend. Many landlords include a no-pet policy to ensure their property is not damaged.
Damages
The landlord should cater for regular wear and tear, while the tenant should repair any out-of-the-ordinary damages. The nature of what types of damages are the tenant’s responsibility and anything the landlord is responsible for should be laid out in the contract.
Repairs, maintenance, and notice
The notice period that the landlord requires should be stated in the agreement. This notice could be for house viewings, emergency repairs, and other tasks that needed to be completed. The usual notice period is 24 hours but may differ if agreed. Some states have consistent notice requirements throughout the state, whereas many local communities have their notice requirements. Consult your lawyer or local building department for more details.
Rules to the rental agreement
The rules of what the landlord expects are found on all rental agreements, such as no smoking indoors or not making noise after a particular hour of the day. Any breaking of rules can result in lease termination.
Signatures
One of the most critical areas of the agreement is the signature. The agreement will only be legal if both parties sign it. Changes to the contract can be requested and finalized during the process of signing the agreement, but after signing, all of the inclusions of the agreement are final.