what type of lawyer do i need about lease agreement

Full Answer

What are the typical clauses in a lease agreement?

• Names and addresses of landlord and tenants. ...
• Rental property address and details. ...
• Term of the tenancy. ...
• Rent. ...
• Deposits and fees. ...
• Utilities. ...
• Condition of the rental unit. ...
• Tenant's repair and maintenance responsibilities. ...
• When and how landlords may enter the rental unit. ...
• Extended absences. ...

More items...

What reasons can get you out of a lease agreement?

• Violation of the lease agreement. If a landlord violates the terms of the lease agreement, it may be enough justification to break the lease and relieve the tenant from their ...
• Illegal contract. ...
• Mandatory disclosures. ...
• Senior citizen or health issue. ...

How to prepare a lease agreement?

DALLAS, Dec. 17, 2021 /PRNewswire/ -- Hunt Consolidated, Inc. and the Dallas Petroleum Club announced today they have signed a 15-year lease agreement that will result in the Dallas Petroleum Club moving to Hunt's headquarters building at 1900 North Akard with occupancy to begin in January 2023.

How do you create a lease agreement?

What clauses are included in a lease?

• Property Details - This section denotes all major information about the property in question. ...
• Landlord Information - This section includes contact information for the landlord or Lessor. ...
• Tenant Information - This section provides the names of all tenants. ...

More items...

What can a lawyer do for you?

Is it worth hiring a lawyer for a lease?

Do lawyers specialize in real estate?

About this website

What are 4 things you should do before signing a lease?

5 Essential Things You Must Do Before Signing a LeaseInspect the Property and Record Any Current Damages. ... Know What's Included in the Rent. ... Can You Make Adjustments and Customizations? ... Clearly Understand the Terms Within the Agreement and Anticipate Problems. ... Communicate with Your Landlord About Your Expectations.

What are 3 things that should be included in a lease?

These are eight clauses that a landlord should include in a lease agreement in California:Security Deposits. ... Specific Payment Requirements. ... Late Rent Fees. ... Rent Increases. ... Notice of Entry. ... Rental Agreement Disclosures. ... Gas and Electricity Disclosure. ... Recreational Marijuana and Rentals.

What are the basic components of a lease agreement?

Main Parts of a Lease AgreementNames of tenants. Include the first and last name of all tenants who will be residing in the premises. ... Lease Term. What is the length of time that the lease is valid? ... Payment of Rent. ... Deposits. ... Fees, Fines, Charges. ... Responsibilities. ... Access to Premises. ... Use.More items...

What are 6 things to check for on a lease agreement?

Here's a quick checklist of things that must be on any standard lease:The date the rent is due each month.The exact amount of rent.The accepted method or methods of payment.The date the tenant can move in.The date the lease expires.Details of the property – the lease should have the rental unit's complete address.More items...•

What makes a lease valid?

Among the states that require written leases, valid ones must include a description of the property. The property's physical address is considered a valid description. Leases must include starting and ending dates. Additionally, a lease must include the amount of rent that is due.

Is a lease a legal document?

Key Takeaways. A lease is a legal, binding contract outlining the terms under which one party agrees to rent property owned by another party. It guarantees the tenant or lessee use of the property and guarantees the property owner or landlord regular payments for a specified period in exchange.

Can you write your own tenancy agreement?

You can make your own tenancy agreement but you need to make sure that it is up-to-date with the law and in particular does not contain illegal clauses. The Tenant Fees Act 2019 made certain tenancy payments illegal such as cleaning fees.

What happens if you break a lease?

If you've broken your lease and taken off, expect to lose a month's rent. Even if state law requires your landlord to mitigate, most judges give landlords a month of rent as damages, no matter how quickly they advertised and showed the unit—or how quickly they could have rented it if they had tried.

3 attorney answers

A real estate or landlord/tenant attorney should have the needed experience you are looking for.

Ryan Vancil Esq

Talk to a real estate attorney in your area. This should be a relatively simple document to draft. But you need to consult with an attorney experienced in creating custom-tailored leases to accomplish what you want. Do not use a "form" document for this that you might be able to find on the internet.

Byron David Flagg

If a land lease agreement is not drafted carefully, it will not actually constitute a legally binding contract.

When do I get a lawyer to help me?

If you are a landlord, we will assist from the outset and can prepare documentation so that it can be presented to any prospective tenants.

Protecting your business and asset

Commercial premises are fundamental to the operation of a business. For most tenants their business is their main source of income. Having a lease that is well considered and tailored for your business is important to the future functioning and viability of your business.

Advice Assists In Avoiding Future Lease Disputes

Having clarity as to how the lease will operate in reality and your obligations under it will help the relationship between the parties. It is important to remember at the lease negotiation stage all parties are typically on their best behaviour. This is mostly not the case when a dispute arises.

Commercial Understanding

Our commercial lease lawyers have a deep understanding of what is standard commercial practice and what isn’t. We have helped many clients with their retail and commercial leases, agreements, licences and heads of agreements.

What can a lawyer do for you?

Here are some of the important things a good lawyer can do for you: Spot subtle (or even not so subtle) variations on a lease clause you are familiar with, and explain its meaning to you. Warn you of hidden problems (or windfalls) in the lease that aren't-obvious to the unprofessional eye.

Is it worth hiring a lawyer for a lease?

While it's true that hiring a lawyer will add expense and perhaps time to your lease negotiations, in the long run it can be worth it.

Do lawyers specialize in real estate?

Most lawyers who don't specialize in real estate have only limited experience in landlord-tenant legal issues—and even those with some experience may know only about residential tenancies. So if you just pick a name out of the phone book or go to the lawyer who prepared your will, you may wind up with someone who's less than ideal for handling commercial lease issues.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

Do lawyers handle different types of cases?

There are many different types of lawyers that handle many different types of cases. Some cases may even overlap practice areas. Most lawyers have experience with a variety of cases and will be able to help you with your needs. Despite the prevalence of “lawyer jokes”, lawyers are service oriented and look out for the best interest of their clients.

Can a lawyer work in a law firm?

Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

Is a criminal lawyer necessary?

In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to misdemeanor charges, can have long-term consequences.

Should I hire an attorney to draft a lease agreement?

You should hire an attorney to draft a lease agreement for you. The ones you find online or in stores usually don't have the strongest language with the right kind of clauses to protect the landlord. The language can be very plain and still have the effect needed.

Do you have to have a lease written in legalese?

Some jurisdictions require rental licenses; other zoning ordinances prohibit renting in certain properties.#N#Secondly, while a lease doesn't have to be written in "legalese" there are...

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 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 a landlord terminate a lease before it expires?

A tenant who breaks a residential lease before it is set to expire may face a number of legal consequences. For one, the landlord will be allowed to terminate the lease and can rent out the apartment to a new tenant. The landlord can also sue the previous tenant for any outstanding rent payments and can keep the tenant’s security deposit ...

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What can a lawyer do for you?

Here are some of the important things a good lawyer can do for you: Spot subtle (or even not so subtle) variations on a lease clause you are familiar with, and explain its meaning to you. Warn you of hidden problems (or windfalls) in the lease that aren't-obvious to the unprofessional eye.

Is it worth hiring a lawyer for a lease?

While it's true that hiring a lawyer will add expense and perhaps time to your lease negotiations, in the long run it can be worth it.

Do lawyers specialize in real estate?

Most lawyers who don't specialize in real estate have only limited experience in landlord-tenant legal issues—and even those with some experience may know only about residential tenancies. So if you just pick a name out of the phone book or go to the lawyer who prepared your will, you may wind up with someone who's less than ideal for handling commercial lease issues.