Rental Contract Body

• 1). State clearly the names of the property owner (the landlord) and the tenant in the opening paragraph. Include contact information for both parties, including addresses and telephone numbers. Provide an additional contact name and number for the owner and the tenant in case of emergency.
  
  
• 2). State the amount of the agreed-upon rent and any deposits, including a security deposit or first- and last month's rent. Spell out the conditions of the deposits, and under what circumstances the tenant would lose them. Reasons for loss of deposit should be stated in this section very clearly and expansively. Better to have too much information than not enough. State expectations that must be met for the landlord to refund the deposit. Again, be very specific. Time windows for refunds and claims, as in "30 days after moving out", etc., should be spelled out clearly. Deposits should be enough to cover minor repairs and cleaning after the tenant is gone.
  
  
• 3). Provide the term of the rental contract, whether it be for one month or one year, and the date each payment is due. List penalties if the contract is terminated before the term is satisfied. Typical penalties include loss of the security deposit and/or the first and last month's rent.
  
  
• 4). Spell out the terms of any late fees if rent is late. Examples might by $10 per day for each day late. A percentage of the total rent could be charged as a late fee. Define the limit of overdue rent before eviction proceedings begin.
  
  
• 5). State services that will be provided by the landlord and those that must be assumed by the tenant. Be very exact in the language of these services. Services by the owner may include utilities, television cable or gardening. The tenant may be required to provide phone, electricity or gas. State stipulations that may apply to the rental contract. An example might be, "no pets" or "no more than one house pet." Include specific language if there is a pet deposit.
  
  

Termination of Rental Contract

• 1). State all possible reasons that the property rental contract could be terminated. Clearly define the process of termination. Note how notice will be given for termination by both the landlord and the tenant.
  
  
• 2). Provide the time frame for all notices and actions during the termination process. Use the state eviction laws for establishing appropriate time frames. Require all notifications, by both the landlord and the tenant, to be in writing.
  
  
• 3). List all consequences of leaving belongings behind or debts unpaid. Have provisions for the landlord to charge storage fees for any household belongings left behind and a provision for a tenant lien for unpaid debts.
  
  
• 4). State all liability that the owner may incur and that which they will not be held responsible. Stating that the landlord is not responsible for lost or stolen goods is a common stipulation. Be expansive on this list, again having more is better.
  
  
• 5). List tenants' rights. Most contracts include a clause that entitles the tenant to "quiet enjoyment" of the dwelling. Simply stated, that means the landlord can't barge in at any hour, unannounced. Spell out how much notice the landlord must give the tenant before entering the dwelling, and under what circumstances they may enter without notice.
  
  

Signature Page

• 1). Have both the landlord and tenant sign the contract and date the document.
  
  
• 2). Have the signing of the contract witnessed by a third party. This eliminates a claim by either party that they did not sign the contract..
  
  
• 3). Having the contract notarized is not necessary, but it will provide a greater measure of authenticity and protection for both parties.