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The Residential Lease

Residential leases can be negotiated for any lawful purpose. You must ensure that the lease you use conforms to state and local laws, but there are some typical elements to consider no matter where you live. Even though they won't all apply to every situation, all are items you should consider when determining elements you want to incorporate into your rental agreements. Specific details can be included as addenda, separate pages that outline additional elements of the lease that are signed by all parties.

Leases should contain the names of all persons who will live in the structure and the signatures of those who are responsible for paying rent. Inserting a special statement, called a joint and several liability clause, makes every person who signs the contract responsible for rent and compliance with other clauses, not just the amount they feel is their “share.” An attorney can help you draft the clause.

The lease should state its beginning and end dates, and it should address what happens at its expiration. Some types of leases allow a tenant to remain on a month-to-month basis without signing a new lease. Some leases automatically renew upon expiration unless a notice to vacate is given by one of the parties. Make sure your lease contracts include details that outline exactly what each party must do at expiration.

It's a good idea to insert a clause that states you must approve the addition of any new tenants before they are allowed to move in with current renters. If you allow additional tenants, the adults should sign the rental agreement.

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  4. The Residential Lease
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