Below is a list of the most common customer questions. If you can’t find an answer to your question,
please don’t hesitate to reach out to us.
How do you write a rental agreement?
Familiarize yourself with your state's laws. Property management and real estate laws differ depending on what state -- and even city -- you live in.
Write an explicit and easy-to-understand contract.
Include all the stipulations that you require.
Include details regarding the deposit.
Consult with an attorney.
Do I need a lawyer to write a rental agreement?
You don't necessarily need to hire a lawyer, but you do need to make sure that whatever forms you use comply with California landlord-tenant law.
What does it mean to execute a lease?
Lease execution date is the date that the lease is signed by both the Landlord and Tenant. Then it is fully executed. Lease commencement date is the date on which the lease starts/commences. Rent commencement on the other hand is when the Tenant commences to pay rent.
What does execute a document mean?
When a person "executes" a document, he or she signs it with the proper "formalities". For example: If there is a legal requirement that the signature on the document be witnessed, the person executes the document by signing it in the presence of the required number of witnesses.
What is an agreement to execute rental agreement?
Applicant agrees to pay the balance of the total monies due at move-in and complete and execute all the rental documents prior to move-in. Payment of the balance of the total monies due at move-in will be a condition precedent to executing the Rental Agreement.
Who is responsible for rent agreement?
Both the landlord and tenant are responsible to make the rent agreement. If the rent agreement was not renewed then the landlord cannot deduct from the security deposit. You can send a legal notice to your landlord to claim your security deposit.
What can make a lease invalid?
The Statute of Frauds in California requires that a lease for more than a year must be in writing. Consequently, an oral agreement for a rental period of a year or less is still valid where the parties intended to create such a lease. The failure to contain other elements does not cause the lease to be invalid.
What can void a lease agreement?
A lease is automatically void when it is against the law, such as a lease for an illegal purpose. In other circumstances, like fraud or duress, a lease can be declared void at the request of one party but not the other.
What should I include in a lease agreement?
Names of all tenants.
Limits on occupancy.
Term of the tenancy.
Deposits and fees.
Repairs and maintenance.
Entry to rental property.
Restrictions on tenant illegal activity.
Is lease valid if not signed by all owners?
Broadly speaking, the lease will be enforceable against the party or parties who signed the lease, even if others did not. It may also provide that it is not valid unless countersigned by the landlord, meaning that even after the tenants sign the landlord may be able to reject the lease.
Is an unsigned lease enforceable?
An unsigned lease may or may not be enforceable, depending on your state's law. Both landlords and renters should sign a lease for legal purposes. And after lease signing, both parties should have a copy, either printed out or saved online.
Do all owners need to sign a lease Florida?
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.
Can a property manager sign a lease?
Is a rental property agent able to sign a lease on behalf of the landlord? ANSWER: If the landlord is a company, you will need a resolution signed by the members of the company granting authority to sign the lease on their behalf.
Can you sign a lease over email?
Yes, online leases are just as valid as paper and ink leases, and the signatures obtained online are as legally binding as those in-person. If you still feel uncomfortable, you can always print out a hard copy of the signed lease for your records. Ultimately, the main concern is having the lease is in writing.
Should I sign a lease before move in date?
You should aim to send the lease to your tenants 5 weeks before their move-in date. Let your tenants know when you expect the lease returned to you. This will help ensure you get it back in a timely matter. If you require they return it in 5 days, you'll be right on time to sign the lease 30 days before they move in.