Why You Should Get Legal Counsel to Assist you in Drafting Your Residential Lease Agreement
By: Michael Safren, Esq
Operating a rental property can be financially rewarding and the opportunity to provide housing in your community is highly satisfying. Operating a rental property is a highly regulated business, and at the heart of that business is the lease agreement that sets forth the terms and conditions of the tenancy.
Protecting yourself and your property should be priority number one when leasing your land, home or property to a tenant, and a residential lease is necessary to ensure that. Having a lawyer on your side through the process can make all the difference. Hiring a lawyer to draft your lease agreement will save you time, money and possible frustration down the line. Real estate lawyers are experienced in tenant rights, fair housing and state leasing regulations.
While, as a Landlord you may be tempted to use a lease agreement that you find on the internet, or copy an old lease agreement that you saw or used before, this is unwise and highly risky for a number of reasons. First, you risk using a lease that was created by an inexperienced landlord or based on an inapplicable online form. Second, the lease may have been created for a different jurisdiction which has vastly different laws which render the lease invalid or inappropriate. Third, the lease may have been created prior to recent changes in the laws, again rendering the lease agreement invalid or inapplicable. Finally, the lease may use legalese, jargon, or just generally unclear language which you may not understand and instead causes unnecessary confusion and fails to adequately protect your interests.
State and Local Laws Govern the Content of Lease Agreements and Landlord Responsibilities
Consider that Washington has a number of state and local laws, which regulate many facets of the residential tenancy expressed within and controlled by the lease including:
- the term of the lease agreement;
- rental deposits and move in fees;
- overnight guests and who may reside at the premises;
- rental increases; and
- imitations on penalties on certain short-term tenancies.
Washington also has a number of state and local laws which regulate landlording and landlord responsibilities prior to beginning a residential tenancy including;
- tenant screening processes and procedures;
- inspection, and registration requirements for the rental property;
- business and licensing requirements; and
- what documents and information must be provided or disclosed to the tenants at or prior to tenant occupancy.
How an Experienced Real Estate Attorney Can Help
In sum, failing to get legal counsel to assist you in drafting your residential lease agreement can leave you exposed to liability, contain unfavorable terms, force you into unnecessary obligations, and ultimately end up costing you far more money in the long run. An experienced real estate attorney can help you understand the law, remove uncertainty from the process, and ensure that your legal interests are protected. While the do-it-yourself (DIY) spirit is admirable, because the lease agreement forms the foundation for your relationship with the tenant, working with an experienced attorney can prove invaluable and save you time and money.
If you are a landlord and looking to lease your property, Contact Us. The best time to consult with an attorney is before any problems arise.
Michael Safren is a Partner at The Law Offices of Jenny Ling, PLLC. His practice focuses on business, real estate, probate, and civil litigation.
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