lawyer when signing a lease

Regardless of whether you are the landlord or the tenant, it is a good idea to have an attorney review a lease document before you sign it. Even when you think the lease is a “standard” form and holds no surprises, it is better to be sure what you are agreeing to before committing yourself to it.

Full Answer

Do I need to hire a lawyer to sign a lease?

Although you do not necessarily need to hire a lawyer to sign a residential lease, it certainly does not hurt to consult one. In some instances, it may be beneficial to work with a lawyer dealing with apartment leases.

Who is required to sign a lease?

The lease should be signed by all adults living on the property and by the property manager or landlord. If a co-signer is part of the rental agreement, they need to sign the lease along with the tenant. Who signs the lease first? It is a good idea to have the tenants sign the lease agreement first.

When it comes to signing a lease agreement between landlord and tenant?

When it comes to signing a lease agreement between landlord and tenant, what is the standard process? The rental lease agreement is a formal contract between a tenant and a property owner, or a representative of the owner, like a property manager, outlining the terms and conditions for living at a rental property in exchange for rent.

Does a lease have to be notarized before signing?

If you mail a lease agreement, some managers might require the tenant to have the signature notarized. Alternatively, a lease might get emailed or texted to a tenant, the tenant can print out the lease, sign it, and then send it back to the manager or owner. Who signs the lease?

Do I need an attorney for a lease?

If you are looking at leasing an apartment, you may have little bargaining power, and the lease is likely is a very standard form most landlords use. Unless you are uncomfortable with the language used in the lease and uncertain of what it means, you may not need an attorney for this. If you are dealing with a landlord on a single piece ...

Should I consult an attorney for a landlord?

If you are dealing with a landlord on a single piece of property, such as a house, you probably should consult an attorney to review the terms of the lease to ensure the landlord has not invented bizarre terms that normally would not be appropriate.

Can a landlord review a commercial lease?

COMMERCIAL LEASES. If you are looking to lease commercial space, it is usually a good idea to have an attorney review the lease. Even though the landlord or leasing agent for large commercial spaces may tell you they are subject to “standard” leases, you have more bargaining power as a potential tenant, and likely can negotiate changes.

Who signs a lease?

The lease should be signed by all adults living on the property and by the property manager or landlord . If a co-signer is part of the rental agreement, they need to sign the lease along with the tenant.

How to send a lease agreement to a tenant?

Here’s an overview of a good process for sending a lease agreement to a tenant: 1 Owner or manager sends an unsigned lease agreement to an approved rental applicant. 2 Applicant reviews the lease agreement, signs the lease, agreeing to the terms, and mails it back to the owner/manager. By returning a signed lease agreement, they are accepting the offer to rent the property. 3 The owner/manager receives the signed rental contract and also signs the contract. At this time, when both parties have signed the lease, the contract is considered binding to terms outlined in the agreement. 4 Both parties get a copy of the signed lease agreement.

What does it mean when an owner sends an unsigned lease agreement?

Owner or manager sends an unsigned lease agreement to an approved rental applicant. Applicant reviews the lease agreement, signs the lease, agreeing to the terms, and mails it back to the owner/manager. By returning a signed lease agreement, they are accepting the offer to rent the property. The owner/manager receives the signed rental contract ...

What is a rental lease agreement?

The rental lease agreement is a formal contract between a tenant and a property owner, or a representative of the owner, like a property manager, outlining the terms and conditions for living at a rental property in exchange for rent. In order for a lease agreement to be valid, both parties must sign the contract.

How long does a lease last?

A lease agreement, also known as a fixed term agreement, allows the tenant to rent the property for a set term. Most lease agreements are for six months or a year. The terms are unalterable during the lease unless the tenant agrees to the changes. Unlike a rental agreement, a lease does not automatically renew upon termination.

How long is a verbal lease agreement binding?

Verbal Lease Agreement. Often times, a verbal lease agreement is considered legal and binding for one year. If the tenant moves in and you accept the rent then you have a binding month to month tenancy. It is always a good idea to have a written rental agreement, even if you are having a relative stay with you for just a few months.

When does a lease become a month to month tenancy?

Instead, a lease becomes a month-to-month tenancy if the landlord allows the tenant to remain in the rental unit and pay rent after the lease ends. *This article has been updated with current information as of July 2020.

What to note before signing a lease?

So before you sign the lease, take a tour of the property with the landlord and take photos, Cox suggests. "Tenants should be sure to note things like stained carpet, windows that don't open or close, doors that don't open or close, whether the appliances are working correctly, whether the air filters and vents are clean, ...

Can a dog damage an apartment?

Dogs and cats can do plenty of damage to a house, just as with an apartment. "A tenant may be evicted for not following provisions as it relates to pets," Cox says. Check if there is room for negotiation. Cox says that you may be able to negotiate with a landlord.

What is the upside of being a lease cosigner?

Perhaps the only real upside of being a lease cosigner is knowing that you’re supporting the person looking for a rental. Perhaps the only real upside of being a lease cosigner is knowing that you’re supporting the person looking for a rental. In many cases, this is good enough reason to agree to the arrangement.

What does it mean to cosign a lease?

So, if you’ve been asked to cosign a lease, it probably means that your friend or family member is in a position of needing assistance of some sort, or is just entering the adult world of creditworthiness and employment. Perhaps the only real upside of being a lease cosigner is knowing that you’re supporting the person looking for a rental.

Why do landlords require cosigners?

Most landlords who require cosigners do so because they want to have someone besides the tenant to turn to in the event the tenant doesn’t pay rent or causes damage to the rental. A cosigner is considered a party to the agreement. Although cosigners aren’t the primary tenant, most of the time they share equal responsibility with ...

What happens if a tenant doesn't pay rent?

Monetary liability. When a tenant doesn’t pay rent or causes damage to the rental unit, the landlord’s first recourse is to deduct ...

What happens if a security deposit isn't paid?

If the security deposit isn’t sufficient to reimburse the landlord, the landlord can then turn to you. If the landlord has reason to believe the tenant can’t pay up, the landlord can seek payment from you before even attempting to collect from the tenant. Credit score dings.

Can a landlord sue a tenant for owing two months rent?

For example, if a tenant skips out of the rental owing two months’ rent, the landlord can choose to sue the tenant or the cosigner—or both—for the full amount the tenant owes.

Is a cosigner a tenant?

Although cosigners aren’t the primary tenant, most of the time they share equal responsibility with the tenant for performing the promises under the lease. In legalese, a cosigner is “jointly and severally liable” with the tenant, meaning that in the event the tenant breaks the lease, the landlord can seek compensation from both the tenant and ...

What are the requirements for a residential lease?

There are certain items that every residential lease must contain, such as the name of the parties, the length of the tenancy, the amount of rent that is due each month, and so forth. However, there are some important provisions that the parties should include like the following: 1 Rules about having pets; 2 Restrictions on illegal activities; 3 Whether the landlord or the tenant will be responsible for repairs and maintenance; 4 Whether a tenant needs to obtain a renters insurance policy; 5 Whether the tenant is allowed to operate a business on the property; 6 Rules concerning smoking policies and other potentially disruptive activities like noise; 7 Clear terms regarding when a landlord is permitted to enter the premises; 8 Instructions concerning what a tenant must do to sublet their apartment and whether or not the landlord even permits sublets; and/or 9 Notice requirements and if there is an option to renew the lease.

What is a duty not to breach a lease?

A duty not to breach the lease; A duty to keep all units in habitable condition; A duty to respect the privacy of a tenant (with limited exceptions); A duty to return the security deposit within a specified period after a lease expires; and.

What happens if a landlord raises rent too high?

This is so that if the landlord raises the rent too high, then the tenant will still have time to look for a new apartment before their lease expires. The landlord must also approve a tenant’s request to renew their lease.

What is residential lease?

A residential lease is a specific type of legal agreement that is entered into when a tenant rents property from a landlord to use for residential purposes (i.e., living). Similar to other lease agreements, a residential lease will contain the terms and conditions of the lease, such as the date that the lease expires and how often ...

What to do if tenant has not moved out?

If the tenant has not completely moved out by the time the residential lease expires, but they have breached the lease, then the landlord may call the county sheriff’s department or other law enforcement agency in the area to remove the tenant and any of their belongings .

How long does it take to renew a lease?

However, the tenant will usually know one to three months in advance of the lease’s end date if they will have to move or not.

Why do commercial leases run longer than residential leases?

The reason that commercial leases run so much longer than residential leases is so that a business does not have to keep interrupting its daily operations to move to a new commercial property every year.

Can you stay overnight on a lease?

Some leases don’t allow guests to stay overnight or for more than a set amount of time. Instead of risking possible penalties for breaking what may not be an obvious guest policy, read up on any guest rules in the lease before signing.

Can you get penalized for damage to your apartment?

Don’t risk getting penalized for damage to the apartment that was there before you moved in. Make sure to ask the landlord about any existing damage such as worn floors or cracked windows before you move in and do a walk through before bringing in any of your belongings, taking pictures of any damage that you find.

Can you break a lease early?

Just in case, make sure you know what the policies around breaking a lease early are before you sign, particularly whether it is allowed and what the penalties are. While many landlords do allow early release of the lease if necessary, there may be a fine attached or you may be required to forfeit your security deposit.