Clauses about Policies
It is important to have a section that spells out your policies about the rules of the house. Leases and rental agreements can say that tenants are responsible for sewer and drain blockages that they cause. You can include general rules about parties, quiet hours, parking, garbage, pets, waterbeds, changing locks, and attaching pictures or anything else to the walls.
List appliances and utilities that you provide with the unit and what utilities have to be paid separately by the tenant. If your tenant wants to use her own appliances, the lease or rental agreement should contain a sentence saying that the tenant owns the refrigerator, stove, or washer and dryer.
The document should state that tenants cannot make alterations to your property without getting your permission — and that if they attach, say a bookcase, to the wall that the bookcase must remain with the apartment when they move out. You can say tenants are prohibited from doing any repairs that cost more than $10 and that if they have the expertise and want to tackle a more costly repair, they must first get your permission and a written agreement signed by both parties. Also include a statement that tenants cannot run a business in the unit without the landlord's approval.
Never give a tenant keys to the apartment or allow any possessions to be stored there until you have been fully paid the first month's rent. If you write a receipt for a partial payment, do not say that the money is for rent. Say it is “on account.” Then when you receive the balance, write a second receipt that states the rent is paid for the month and don't forget to add the year.
What about Visitors and Guests?
Let tenants know that guests can stay in the apartment, but that if they are there longer than two weeks, they will be considered to be tenants. By law, you can legally increase the rent if someone moves into the apartment.
Think Twice about Restrictions
Some landlords believe that not allowing tenants to have pets and waterbeds is too restrictive and creates more problems for the landlord than it does the tenant. After all, you may turn away, sight unseen, potentially good tenants who like waterbeds or pets. Another thing to take into account is that when there are a lot of vacant apartments in the community, allowing a pet might tip the prospect's choice of rentals in your favor.
Generally, damage from pets or waterbeds is very unlikely. That's why many landlords will, instead, stipulate what kind of pets are acceptable and charge tenants who have pets a separate pet deposit or a monthly fee on top of the rent.
