Real Estate Attorney for Rental Agreements
Whether leasing a property to others or looking for a place to rent as a tenant, a rental agreement is an essential legal document. A rental agreement outlines the terms of a lease to protect both the lessor and the lessee should any disputes arise.
It is essential that rental agreements not only protect personal interests, but also take into account local and federal real estate laws. Real estate attorneys at Froerer & Miles can assist clients from South Ogden, UT, Layton, UT, and nearby areas in creating or reviewing a rental agreement. The oversight of a real estate attorney regarding rental agreements can prove invaluable in preventing costly real estate disputes.
What Should a Rental Agreement Include?
Rental agreements are unique as far as the details of its terms, but all should follow a basic format. A proper rental agreement should include these key items:
- The names of all adult tenants
- Limits on occupancy
- Term of the tenancy (i.e. fixed lease or month-to-month agreement)
- Amount of rent, rent due date, acceptable payment forms, and any grace period and/or late payment fees
- Amount of security deposit and any other fees, explanation of how security deposits may be used, and terms for the refund of any remaining security deposit
- Guidelines regarding responsibility for repairs and maintenance
- Terms for legally entering the rental property (for instance, clarifying terms to legally enter the property if repairs are needed, etc.)
- Restrictions on tenant illegal activity
- Pet regulations or restrictions
- Other applicable restrictions
Additional Rental Agreement Considerations
In addition to the basic terms of a rental agreement, there are other important legal considerations that vary by area. Our South Ogden real estate attorneys can help clients consider factors such as:
- Local real estate laws
- Local laws and regulations regarding asbestos and other environmental contaminants
- Local pest control laws
- Local rent control laws
Understanding these regulations is essential to creating a rental agreement that is legally binding, and avoiding violations that could have costly consequences.
Do I Really Need an Attorney?
Entering into a rental agreement seems like standard practice, so some individuals may wonder if they really need a real estate attorney. Legally, a real estate attorney is not required to create a lease or to sign one. However, there are potentially costly consequences if a rental agreement does not meet up to legal requirements.
A knowledgeable real estate attorney understands the basic requirements of a rental agreement, and can help clients consider local laws that affect their contract. A real estate attorney can also review a rental agreement to ensure that all parties are protected by its content. In the long run, the cost of a real estate lawyer can be far less than the costly pitfalls of a poorly written or legally non-binding rental agreement.
Schedule a Consultation with Our Legal Team
If you are ready to lease out property, or are looking into renting, the real estate attorneys at Froerer & Miles would be happy to review your rental agreement. To schedule a consultation with our legal team, send us a message online or call (801) 621-2690.