Rental Agreement and
Lease Clauses

The written rules and regulations of a tenancy are established by rental agreement and lease clauses. The clause paragraphs make up the "meat and potatoes" of any rental or lease agreement. They contain the jargon that forms the responsibilities of both landlord and tenant. To be enforceable, each clause must comply with all state and local laws.

Some of the most common rental agreement and lease clauses that can be found in written rental contracts are as follows…

• Late Payment Charges - This establishes the landlord's policy for charging the tenant a specific amount of money for each day that the tenant is late in paying the rent beyond a certain date.

• Security Deposit - This clause states the landlord's policy for handling the tenant's security deposit, and it must follow all applicable laws such as returning it within a specified period after the tenant vacates, etc.

• Utilities - The party who is responsible for paying certain utilities (gas, water, electric etc.) is outlined in this paragraph. This paragraph should also remind tenants to maintain certain minimum temperatures in their apartment units to prevent plumbing pipes and fixtures from freezing.

• Use and Occupancy - This paragraph informs the tenant that their apartment and other portions of the property can only be used as a residence and not for any other purpose (such as operating a commercial business, etc.). Also, the occupants residing in the property can only be those who are listed on the lease or rental agreement.

• Damages to Premises - This clause makes it known that any damages to the premises (beyond normal wear and tear) that are caused by the tenant or their guests are the tenant's responsibility to pay for.

• Pets - The landlord's pet policy for the individual apartment unit is explained in this paragraph. It's important to point out that a landlord's pet policy can be on an individual basis (i.e., allowing one tenant to have a pet does not automatically give permission for other tenant's to also have pets).

• Subletting and Assignment - These rental agreement and lease clauses outline the landlord's policies with respect to the tenant being able to "sublet" and "assign" the rental unit.

  A tenant who sublets a rental unit would basically move out of the unit and then re-rent the unit to a "subtenant" under a separate sublease agreement. The original tenant would therefore act as the subtenant's landlord but would still be responsible for paying the property owner (primary landlord) rent as per their original rental contract.

  The paragraph also explains the landlord's policy on a tenant's "assignment", or transfer, of the rights of their rental contract to another third party individual.

• Disturbing Noises - A very important paragraph that reminds the tenant and their guests of their statutory responsibility (by law) which prohibits creating loud disturbing noises that would prevent the other tenant's quiet enjoyment of the property.

• Rubbish - The tenant's responsibility for proper rubbish removal and trash collection is outlined in this paragraph. This is vital for keeping the property neat, clean, and free from the hazards associated with improper trash and rubbish containment.

• Fire Hazards - Of all the rental agreement and lease clauses, this one is the most important to include. It makes it known to the tenant that any act committed on their behalf that creates a fire hazard will not be tolerated under any circumstance.

• Validity of Each Clause - If any clause in the agreement is found to be illegal, then the remaining (legal) clauses will still remain in effect and be binding. Another term for this is "separability of clauses".

• Entire Agreement - Usually the last clause, this paragraph explains that all of the preceding clauses constitute the whole agreement, and that no other additions, either verbal, written or otherwise form part of the agreement.

  So, those are some of the more common rental and lease agreement clauses that can be found in typical written residential rental contracts.

  A lease or rental agreement can be tailored to suit your own individual situation. But remember, before using your lease or rental agreement, have an attorney review it to make sure that all clauses are legal.

  For more in-depth information about rental agreement and lease clauses, please visit The Landlord's Library book collection. It's a terrific, one-stop source for practical, comprehensive information on the entire subject of residential landlording.

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