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Rental Agreement ?

dav1965
I am going to rent my Moms house to someone and i was wondering if i write something up and have it notarized am both people signe it am i covered legally?
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Comments

14 comments

Date Votes
  • JimmyJack
    Good luck with that if you think you are smart enough to not need legal help.
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  • remingtonoaks
    JimmyJack wrote:
    Good luck with that if you think you are smart enough to not need legal help.

    Agreed, if it isn't properly prepared it's not worth the paper that it's written on.

    You can go to a lawyer and get the contract and then copy it for later use also. I would not use a form downloaded off the internet, because the laws in every state are different. And if there is one article cannot be applied to your state, it voids the whole contract
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  • us55840
    JimmyJack wrote:
    Good luck with that if you think you are smart enough to not need legal help.

    Agreed, if it isn't properly prepared it's not worth the paper that it's written on.

    You can go to a lawyer and get the contract and then copy it for later use also. I would not use a form downloaded off the internet, because the laws in every state are different. And if there is one article cannot be applied to your state, it voids the whole contract

    No necessarily ........ if there is a section that states if any section of this rental agreement is invalid, it does not void the balance of the contract..or something like that.

    I've seen it before and it WILL stand up in court.
    ;)
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  • select-fire
    Your first thing is to look at the landlord / tenant act within the state. There are common 50 state law and then individual law per state..like the eviction process and a ton of other things. After you review that, go see a landlord about renting a place, get one of their agreements to review. :):) Or you can get an attorney to make one up ( and they will probably just use an online state version ) and charge you. And don't forget to background check the tenants, by using free state checks on them. The application should say that they forego their rights and give you permission to run credit and criminal checks. There are tons of ways NOT to rent to anyone that is not illegal. Those background checks will help you considerably to get fair people that will only tear up the place a little , instead of a lot.
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  • remingtonoaks
    Quick&Dead wrote:
    JimmyJack wrote:
    Good luck with that if you think you are smart enough to not need legal help.

    Agreed, if it isn't properly prepared it's not worth the paper that it's written on.

    You can go to a lawyer and get the contract and then copy it for later use also. I would not use a form downloaded off the internet, because the laws in every state are different. And if there is one article cannot be applied to your state, it voids the whole contract

    No necessarily ........ if there is a section that states if any section of this rental agreement is invalid, it does not void the balance of the contract..or something like that.

    I've seen it before and it WILL stand up in court.
    ;)

    You're right there, but if it's written differently than what the state accepts, but will accept the term if it was written differently. You can lose out on that term. But that is a good Clause to add in case the laws in your state changes in respect to some of the contract
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  • slumlord44
    While it can be that complicated its not necessairly so. Been a landlord in Illinois since 1969. Started with a lease from an office supply store and finaly re wrote it in plain english. Been in court through quite a few evictions with no issues. Judges like my lease because it is easy to understand. Getting a lawyer in volved will cost you a years rent if you are not careful.
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  • select-fire
    Unless I am mistaken all states consider the agreement a month to month unless stated otherwise OR any agreement at all is written. In other words if no agreement is wrote the state calls it a month to month tenancy. Now here is the catch. Leases are for terms usually 6 month or a year. I prefer a month to month tenancy. If the tenant wants to move they give a 30 day notice. Here in SC if you want the tenant to move the landlord gives the tenant a 30 day notice to move. No reason is required when the landlord gives notice in this state. And if the tenant objects and takes the landlord to court, the magistrate will not require the landlord to state the reason. Your mileage may vary where you are.
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  • jimdeere
    There are agencies who will take care of renting it for you for a fee.
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  • hillbille
    sell it and forgo the future headaches..............
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  • Sam06
    hillbille wrote:
    sell it and forgo the future headaches..............

    +1
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  • babun
    select-fire wrote:
    Unless I am mistaken all states consider the agreement a month to month unless stated otherwise OR any agreement at all is written. In other words if no agreement is wrote the state calls it a month to month tenancy. Now here is the catch. Leases are for terms usually 6 month or a year. I prefer a month to month tenancy. If the tenant wants to move they give a 30 day notice. Here in SC if you want the tenant to move the landlord gives the tenant a 30 day notice to move. No reason is required when the landlord gives notice in this state. And if the tenant objects and takes the landlord to court, the magistrate will not require the landlord to state the reason. Your mileage may vary where you are.


    +1000

    Differently do a month to month agreement.
    And take lots of dated pictures of the tenant moving in the first day in.
    Have the daily front page of a local newspaper in each picture to prove on that date the
    house was as shown. No BS later that the wall had holes in it when they moved in!!
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  • Smitty500mag
    I'd rather give it away or cancel my insurance and burn it down as to have to put up with the stress of having renters. I would probably come out in the long run if you count in the cost of medical care for mental health.
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  • mag00
    dav1965 wrote:
    I am going to rent my Moms house to someone and i was wondering if i write something up and have it notarized am both people signe it am i covered legally?

    Now that's funny. Are you covered legally and for what?

    Are you acting as "Agent" for your mom?

    At the very least, download from the net a standard rental/lease agreement designed for your state. And then pay attention to what Select-fire and others have stated. Each state has specific laws for renters. It can cost you more than you made if you do not follow the laws, many of which are in favor of the tenant, even if they are scum.

    And don't delude yourself thinking a friend or relative will be a hassle free rent. Be clear and in writing, within your state law.

    It takes a whole special disposition to be a landlord. Best bet may be to just sell it. How is the housing market in your area? If strong, SELL SELL SELL

    Question for landlords. Have any of you used a rebate for on time payment and is that legal? Boost the rent 100 a month and give it back as a rebate if paid on or before due date. Incentive to have your renter pay on time, but a bit more paperwork.
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  • Grasshopper
    Take Selects advice and proceed with caution. Having been down that road of renting a single house whereas my brother rents about 80, he has all the know how and legal knowledge from many trials and errors. A single house rental is not worth the pain it WILL be...imo
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