A standard lease agreement is a month-to-month agreement between a tenant and landlord, but may differ in terms and legal rights. Parties can change status each month, with notice required for moving or changing terms. Contracts may include limits on pets, occupancy, and liability. Clear agreements benefit both parties, and canned agreements should be checked against regional laws or created with legal self-help materials.
A standard lease agreement usually refers to month-to-month lease agreements entered into by a tenant and a renter. They are often contrasted with lease agreements which have a specific length of time, usually a year or at least six months, when a person agrees to lease a property. The term standard is a bit misleading because it suggests that all leases are the same. This is not the case and may differ from permissions given to the tenant or landlord and regional laws that determine the legal rights of tenants and property owners.
In a standard monthly rental agreement, each party to the agreement can choose to change status at the end of each month, and if no changes are made, the agreement simply renews each month. On the other hand, if someone decides to move, they could simply inform the landlord of this decision, although there may be a contractual obligation in the agreement to give some notice, such as 30 days notice before departure. This doesn’t mean that the tenant can’t move in sooner, but they would be obligated to pay 30 days’ rent from the time of cancellation. Landlords may also be able to change the terms, but some regions have laws that require longer notice, such as two months’ notice, to raise the rent, even if a standard lease is in effect.
Some things people might encounter in a standard rental agreement are statements that the agreement is monthly. They can also find terms about allowing pets on the property, limits on how many people can live in the rental property, and a definition of whether or not the landlord is liable to pay for things like utilities or bodily injury to renters or their property. A contract should contain information about who to contact if there is damage to property, where to send payments, and what fines or fees might result from a late payment. Each contract might be slightly different and might specify other duties or responsibilities for the landlord or renter.
Both landlord and tenant are assisted by a clear standard lease agreement. Even if renting to a trusted friend or relative, a landlord should have one of these on-site. Many property owners use real estate companies or lawyers to process these agreements. There are also many “canned” deals available on the Internet and in property rental books.
Canned or sample agreements may be fine to use, but people should check regional laws to determine if they differ from any example agreements. However, the advice of a real estate lawyer or property management company could be useful to avoid creating clauses that cannot be legally enforced. If this is too expensive, we recommend using reputable legal self-help materials, such as those created by Nolo Press®, to create a robust standard rental agreement.
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