Property Lease: A General Guide
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A property lease is an agreement under which a landlord agrees to rent a property to another interested party, considering the outlined terms and conditions. It assures the lessee(tenant) use of the property and the lessor(landlord) regular payments for a specific period. Before signing a property lease, it is recommended that one should review the contract carefully. Doing this lets the tenant know everything associated with the property and its rules. Thus, this leads the tenant to follow the rules outlined in the contract. It is to be noted that the rules do not apply to the tenant alone as the owner is connected too. If one of the two parties fails to uphold values, both will face consequences.
Obligations of Landlords in a Property Lease
The obligations of a landlord make up an important part of a property lease. Before putting an apartment out for rent, an inspection must be done. However, it should be done when the current tenant vacates or near the end of the current tenant’s occupancy. Checking for damages must be done as it will ensure that the property is in good repair. As a landlord, you are to have the local Board of Health verify that the property meets the State Sanitary Code. You must conduct a health checkup on your property regularly. This will ensure that major issues are solved. Furthermore, make sure to get a sign-off by the inspector of the Board of Health after the inspection.
Below stated are the obligations of landlords:
- Repairing the Property: Repairing and maintaining the property as a landlord is your prime responsibility. Furthermore, doing this will ensure that you are in touch with your property, thus serving the tenants to the best of your ability. However, you cannot do this when the tenant leases all of the property. This is because the tenant will then be in charge of the property.
- Insuring the Property: Insuring the property is a must as it will provide relief in times of distress. Therefore, make sure you research insurance well. This will help you choose the best insurance and reap its benefits.
- Providing Tenants with a Valid Termination Notice: As a landlord, you value fairness. Therefore, it is important to provide tenants with a valid termination notice. Please ensure that the notice is in writing and contains your signature.
- Ensuring Enjoyment of a Good Tenant: A good tenant is rare but not impossible to find. Thus, make sure that when you get one, you relish them and make them enjoy their stay. This does not mean that you will have to throw away huge properties. Sometimes, the best gift is a calm atmosphere; therefore, make sure to give that to your tenant.
Therefore, these are the obligations of a landlord. It is to be noted that a landlord cannot charge a finder's fee to a prospective tenant. Only a licensed broker reserves the right to do so. Furthermore, ensuring credit checks and a check of the tenant's prior rental history is very useful. Therefore, do everything that is required of you as a landlord.
Obligations of Tenants in a Property Lease
As a tenant, whether you are moving to your first rental property or your second, knowing how to protect yourself is a must. Therefore, you must understand everything about renting, renter's rights, tenant notices, etc. Make sure that you go through the rules and regulations steadily. This will ensure that you understand and know your roles and responsibilities as a tenant, too.
Below stated are the obligations of tenants:
- Ensuring Timely Payments: Your prime responsibility as a tenant is to make timely payments. Although 60% of U.S. renters pay their rent online, 69% prefer to do so. Therefore, pay your rent, taxes, etc., as agreed upon in the property lease.
- Maintaining Good Order: Maintaining good order of the property is the tenant's responsibility. This will lead to you getting a good credit score in the end. Please note that you shall compensate for any mishap you brought forward to the property.
- Communicating with the Landlord: It is good for a tenant to keep communication open-ended with the landlord. This will allow you to tell the landlord about repairs. Ensure that you do it on a timely basis and let the landlord know where to work.
- Giving Access: Tenants have a right to privacy. This is also further ensured during a credit check due to the Fair Credit Reporting Act. However, to ensure inspection checks are done, you must give your landlord access. This will let him conduct inspection checks and rectify anything if necessary.
- Asking for Consent: The tenant must get the landlord's consent before attempting to make any alteration. You must, under no circumstances, bring in changes without the landlord's notice. Even if it is something you think will make your landlord, you must always seek his permission.
Other than following the obligations as a tenant, make sure that you follow your rights, too. No amount of obligation demands a sacrifice of your basic rights. Hence, it’s essential to know your rights. You must keep the necessary documents when communicating with your landlord. Doing this will ensure that you have proof of interactions if your ethics are ever questioned.
Things to Look Out for Before Signing a Property Lease
Whether you are new to the States or not, renting is something you may need anytime. Therefore, you can now understand that a rental business is on top. 52% of the American renters live in an apartment, followed by 29% living in a single-family detached house. This indicates that it is indeed a true need contemporarily, and you might need one soon, too. However, every rental business has a property lease. Therefore, you must look out for certain things before signing a property lease, as given below:
- Get a Written Agreement. Make sure you have a written agreement on all the procedures stated by the landlord. Remember that nothing should be accounted for verbally. Therefore, the property owner considers a request for a written agreement for a minute.
- Inquire about the Associated Fees. Get to know details about the associated fees related to the property. This will let you know of a grace period until after the third or fifth of the month. Thus, be very wary of this before you sign a property lease.
- Account for Utilities. Look for any utilities accounted for in the property lease. Sometimes, they are added to the rent or excluded. Whatever the case, make sure it is specified in the lease.
- Discuss with the Landlord. Any changes you would want to implement should be discussed thoroughly before signing the lease. A written agreement will be obtained supporting the action if the permit is achieved. Thus, keep all paths of communication open with your landlord.
- Conduct Research. Keep your prospects open. Therefore, conduct plenty of research and look into other apartments. Broadening your choices is never wrong. Therefore, keep exploring and observing thoroughly.
- Ask about the Location of the Landlord. The landlord’s location must be known to you as a tenant. Whether the landlord will be there immediately or not during a problem is something you should know. This will lead you to take preventive measures and keep the required documents.
- Avoid Deductions from Your Security Deposit. Before signing the property lease, make sure to take a look at the area. This will influence your decision to move in. Furthermore, this will avoid deductions from your security deposit if you spot any damages.
These are some of the things you must look out for before signing a property lease. Make sure that you observe thoroughly and ask questions whenever necessary. This will help you make a better decision about renting an apartment. You can learn more about the cost of the property lease agreement.
Key Terms for Property Leases
- Client Money Protection (CMP): This is a scheme that provides compensation for landlords, tenants, and other clients when agents misuse their funds.
- Energy Performance Certificate (EPC): All private residential properties must have an EPC, which reports energy performance.
- First-tier Tribunal (Scotland): It was formed to deal with rent or repair issues in private-sector housing, replacing the Private Rented Housing Panel (PRHP) and the Homeowner Housing Panel (HOHP).
- Furnished: It is a property that is left with all the furnishings a tenant would need to live comfortably.
- Furnishings: The contents of the property are included as part of the rent.
Final Thoughts on Property Leases
Therefore, you must keep these things in mind regarding a property lease. Make sure you go through the contents of the property lease thoroughly. Above all, get a written document for every condition stated by the landlord. This will make you more aware and help you save additional costs.
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Joshua B.
Josh Bernstein has been serving real estate and corporate transactional clients since 2002. His experience is varied, and he enjoys working on and puzzling out novel and complex corporate and real estate matters. Josh’s experience includes, among other things, the following: representation of public companies in connection with SEC reporting and compliance work (proxies, 10-K’s; 10-Q’s; 8-K’s, etc.); representation of public and private company securities issuances (including private placements, and other similar offerings); assistance in structuring and drafting joint ventures, both for investors and operating partners, and including both real estate and corporate ventures; handling public and private company mergers and acquisitions; and asset sales and dispositions; assisting clients, big and small, with real estate acquisitions, sales and financings; managing large-scale and multi-state real estate portfolio acquisitions, dispositions and financings; complex condominium creation, structuring and governance work, including: commercial condominiums, use of condominiums as a land planning tool, wholesale condominium property acquisitions and dispositions, and rehabilitating failed or faulty condominium legal structures to make ready for sale; development of restrictive covenants and owners’ association documents for master-planned communities; compliance with federal statutes governing real estate sale and development (including, without limitation, the Interstate Land Sales Full Disclosure Act, the Housing for Older Persons Act, and the Americans with Disabilities Act); representation of real estate lenders, for both improved and unimproved property, and including numerous construction financings secured by real estate; assistance with commercial leasing; from both the landlord and tenant side, and including condominium leasing; training residential home and condominium sales staff for compliance with applicable local and federal law; and workouts of all kinds. When he’s not busy lawyering, Josh may be found watching 80’s commercials, flying a single-engine plane, playing poker, or trying to be a good dad.
"Josh has been extremely helpful sorting through issues with a tenant."
Steven W.
Attorney Steven Wax is ardent about helping his clients. Whether creating personalized estate plans, drafting and negotiating contracts or other legal matters. Steven’s goal is to assist and counsel his clients to protect them and their loved ones. Steven grew up on Long Island, New York. He attended the University of Massachusetts in Amherst earning a BS in Sport Management. He earned his paralegal certificate at Duke University and earned his Juris Doctorate from North Carolina Central University School of Law in Durham, NC. Steven has an extensive legal career in the life science sector, working for some of the world’s largest Contract Research Organizations since 2013. Steven has negotiated a broad range of contracts for both businesses and individuals. Steven participated in the NCCU Elder Law Project, where he prepared wills, durable powers of attorney, living wills, and health care powers of attorneys for low/fixed income clients in Durham and surrounding counties. Steven finds meaningful ways to share his skills and passion with his community. Steven volunteers his time to Wills for Heroes, which provides no-cost estate planning documents to first responders and their families, through the NC Bar Foundation.
"Steven was very helpful and informative throughout the process of reviewing my divorce decree, and he completed the project promptly. Thank you, Steven!"
Matthew F.
As a business law attorney serving Coral Springs, Parkland, and Broward County, FL, Matthew has been recognized as “AV” rated, which is the highest rating an attorney can achieve through Martindale’s Peer Review system. Year after year Matthew is listed in the “Legal Leaders” publication as a top-rated attorney in South Florida in the areas of litigation, commercial litigation, and real estate. Matthew is also a graduate and instructor of the Kaufman Foundation’s FastTrac NewVenture Program, presented by the Broward County Office of Economic and Small Business Development.
"This was Great working with Matthew. He made what I thought was going to be a hard task very simple. Thanks A lot Matthew"
July 23, 2023
Karen H.
During my tenure as VP & Division General Counsel of PepsiCo Inc. in Chicago, I built upon my diverse career overseeing legal matters for both the domestic and international businesses of PepsiCo and The Quaker Oats Co. My extensive practice areas included M&A, contracts, competition, NDAs, regulatory compliance, consumer product & protection, environmental, patents, and advertising regulations. Throughout my professional journey, I navigated legal complexities associated with an eclectic range of products, spanning juices, sports drinks, cereals, snacks, needlepoint kits, canned goods, eyeglasses, men's suits, car seats and toys. For further information, see my LinkedIn: http://linkedin.com/in/karen-hunter-a700179
John W.
I am a business lawyer with 30+ years of experience, with a specialization in the life sciences industry. I have been general counsel at 5 different companies - both large and growing, as well as small and emerging. I have built legal teams and have extensive experience with Boards of Directors.
July 24, 2023
Tameko P.
Greene Litigation Group, PLLC., specializes in Personal Injury, Criminal Defense, Contract Dispute, Wills & POAs, Irreconcilable Differences Divorce, Business Formation, Contract Drafting, and Landlord Tenant Law
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Jeffrey Z.
After a career in aviation, I went to Albany Law School graduating in 2003. I opened my own practice in 2005 following a 2-year term with a large, Albany-based law firm. I focus my practice on helping individuals and small business with various matters including defense representation, family law/matrimonial matters, estate planning, probate and estate administration, bankruptcy, business formation and general litigation.
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I have rent to own lease agreement the owner passed away and his conservator sold the property what can I do
I explained in the first box
Matthew K.
After the sale, did you continue living there and paying the lease amount? It's difficult to expand on my answer without reading the agreement (it cannot be oral). Assuming the agreement is what you say, you might consider recording a Lis Pendens on the property. That will get everyone's attention, I can assure you. Probably also consider a quiet title action. None of that advice is necessarily relevant; it depends on what the agreement says.
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