Landlords and property managers must clearly understand their obligations when renting an apartment or other residential property. The same is true for tenants, who deserve to know their rights and duties. A written lease ensures all parties are on the same page and provides guidance during conflict.
If you need a lease for a property you own and intend to rent, a skilled real estate attorney can help. Carefully drafting the ideal document is a challenging task, but it can save you considerable frustration and costs in the future. A New Bedford residential lease drafting lawyer could guide you through this process.
The terms of these agreements define the relationship between a landlord and a tenant. As long as both parties agree, there are many options for customizing the terms of these contracts. However, they should cover certain basic aspects of this relationship.
A New Bedford attorney’s first step when drafting a residential lease is to identify the parties and the property to be rented. When the location is an apartment, both the street address and apartment number are required.
Leases should spell out the financial terms, including the monthly rent, the due date, and the end date. There may also be terms for security deposits or down payments.
Leases should also describe each party’s responsibilities, which may include repairs, maintenance, or yard work. The terms can limit how renters use the property to some degree, including pets, visitors, or parked cars.
State law does not require a landlord or tenant in New Bedford to hire a lawyer to prepare a residential lease. However, attempting this without the support of legal counsel can have catastrophic results.
First, not every agreement put into writing is a valid contract. Formalities must be met, including both parties signing on the dotted line. The lease should also include both parties’ legal names and contact information. If critical information is missing, a court might find the agreement invalid.
The words used in each lease are especially important. Terms that mean one thing in everyday language might have a different legal definition. Misusing a legal term that changes the meaning of the contract can cause confusion.
Clarity is also vital. If a dispute arises, a judge must understand what both parties agreed to. When the lease agreement terms are unclear, the ruling could lead to an outcome no one wants.
Some people use forms found on the internet instead of drafting their own leases. This is risky for several reasons. For example, state laws are very different from those of other jurisdictions. A document intended for use elsewhere might not be valid here. Free forms might also contain mistakes that could be harmful to your interests.
One small mistake in a written lease can upend the entire document. Given the high stakes, relying on legal counsel who understands this process is a good idea.
Let a New Bedford residential lease drafting lawyer answer your questions and guide you along the way. Call today for a strategy meeting.