Landlord & Tenant FAQ

What are the legal issues surrounding the landlord-tenant relationship?

The landlord-tenant relationship is one that, well-protected by established laws and a grounding of legal contracts, can produce a win-win situation for all parties involved. Tenants always need to find good landlords and landlords always need to find good tenants. The truth, of course, is that neither landlords nor tenants are always 100% committed to meeting all of their legal responsibilities.

That’s why the majority of legal issues surrounding the landlord-tenant relationship tend to focus on the honoring of contracts. Residential leases, for example, make up the bulk of the legal grounding for this relationship; failure to honor the lease agreement on either end can result in serious legal action being taken. Additionally, both tenants and landlords have to work to ensure that they meet all state regulatory burdens in their relationship with one another.

What legal issues do landlords need to worry about?

While the tenant’s focus is mainly on honoring the residential lease agreement, a landlord’s problems can be more complicated. In addition to honoring local ordinances and regulations, most landlords and property managers have to deal with a surprising amount of paperwork to ensure that all of the work they do is effectively tracked and that all contracts they sign (with contractors as well as tenants) are properly honored.

Collecting rent payments through lawful means can be a source of worry for many tenants, especially as they have their own expenses and bottom line to worry about. Additionally, landlords need to make sure they follow protocol when evicting poorly-behaving tenants, such as by keeping track of notices to vacate and honoring the residential agreement.

What legal issues do tenants need to worry about?

Most tenants need to focus on two things in regards to the property they are renting: honoring the residential lease agreement and honoring the local laws. Interactions with “bad” landlords, of course, can force many well-meaning tenants to find legal recourse to their complaints. For this reason, tenants should be just as vigilant in maintaining their agreement records and in filing formal complaints the right way.

An additional concern for tenants could be the subletting of their apartment wherein the tenant then becomes a landlord of sorts. Juggling paperwork between one’s own landlord and one’s tenant can be difficult, which is why even tenants should be aware of all legal forms involved.

What are some common legal forms governing the tenant/landlord relationship?

There are a number of forms that could be used as examples to answer this question. Let’s consider some of the most commonly-used forms:

Residential Lease Agreement: Essentially the life-blood of the relationship, this contact between the two parties will form the basis for any future legal action between the two. It will explain the responsibilities each party is expected to live up to (including maintenance of the property and on-time rent payment).
Lease Termination Agreement: On the other end of the spectrum is the lease termination agreement in which a lease is mutually agreed to come to an end by both the tenant and the landlord, usually by one party’s specific request. Having an agreement that corresponds well to the original residential lease agreement will be important in maintaining legal consistency.
Notices: Common notices like Notice to Vacate and Notice of Intention to Enter come from the landlord and serve to alert the tenant about upcoming action that pertains to their residential lease agreement. Ensuring that these notices are properly filled out and do a good job of alerting the resident is important.

Of course, there are more contracts that govern the landlord and tenant relationship, but these are three of the most common examples and categories of contracts.

I’m thinking of becoming a landlord. What forms do I need?

In reality, you need a combination of forms, including the forms listed above and other forms you may not have thought of, including documents like the Move In / Move Out Checklist or the Notice of Return of Security Deposit. As you’ll be using these forms over and over in your career as a landlord, it’s important that you have these forms handy whenever the situation calls for them. There is very little a landlord should not be able to handle outside of these forms – and using them consistently will be a good way to not only demonstrate that you are serious about being a landlord, but that you have a foundational understanding of legal groundwork.

How important is it to document everything?

Very important, no matter whether you’re a tenant or a landlord. For example, if you’re a tenant and you have a complaint to make, you should keep track of it so that you know when the complaint was first filed against the landlord and when it was finally addressed. You’ll also want to keep track of any violation of your residential lease agreement so that you can properly contest these violations and ensure your landlord will honor the agreement.

From the property manager’s point of view, documentation is similarly important. Not only will you be better able to control your property properly if you can use the residential lease agreement to demonstrate reasoning behind actions such as eviction, but you’ll be able to diffuse most problems before they’re allowed to fester.

I have to terminate the lease of my tenant. How do I do it?

Assuming that a tenant violated part of a residential lease agreement that warrants lease termination, you can use a lease termination form that suits your needs. It’s important that you track these violations in order to provide the appropriate amount of legal backing to your decision, but ultimately, once you’re fully grounded legally, you’ll be able to better control your property.

My landlord is stringent about the lease agreement. How do I find flexibility?

If both you and your landlord have honored the lease agreement, there’s actually very little recourse if you want an exception to be made. It will depend on your individual relationship with the landlord, but it’s better to be safe and follow the rules.

Landlord & Tenant

Whether you need a residential or commercial lease, model tenant complaint forms, forms for use by landlords, applications, or notices, you will find an array of landlord and tenant forms that fit your unique situation. Our attorneys have carefully drafted and reviewed all of these forms to ensure compliance with the laws, giving you the benefit of their expertise without the exorbitant costs of hiring your own attorney.

The most important document to govern a landlord – tenant relationship is the lease (whether that be a residential or commercial lease) governed by state law. A lease of real estate is simply a written contract for one party to rent a specific property from another for a certain amount and certain time period. As such, all of the general legal ramifications that relate to contracts also relate to leases. However, all states have additional requirements that pertain only to leases. If the rental period is to be for one year or more, all states require that leases be in writing. Leases can be prepared for periodic tenancies (that is, for example, month-to-month or week-to-week) or they can be for a fixed period. There are leases contained in this chapter that provide for both fixed-period tenancies and for month-to-month tenancies.

State laws have very specific requirements as to the treatment of security deposits. In addition, many states have requirements relating to the time periods required prior to terminating a lease. These rules have evolved over time to prevent both the landlord or the tenant from being harmed by early termination of a lease. In general, if the lease is for a fixed time period, the termination of the lease is governed by the lease itself. Early termination of a fixed-period lease may, however, be governed by individual state law. For periodic leases (month-to-month, etc.), there are normally state rules as to how much advance notice must be given prior to termination of a lease.**

Lease Form Combo Packages

Popular Lease Form Combo Packages which are specifically designed to provide you with an array of residential and commercial lease-related documents. These combos contain applications, agreements, leases, subleases, security deposit forms and other frequently used forms.These are some of our most popular forms

Premier Residential Lease Combo Packages

Popular - Premier Residential Lease Combo Packages which contain the forms most frequently used by landlords who rent residential property. This combo contains lease agreements (including extension and termination forms), consents to sublease and notices regarding lease defaults and intent to enter the leased property.

Amendment to Lease
Lease Amendment which will effectively amend an existing lease agreement. This form sets forth the exact provisions to be amended and those which will remain in... View More
Authorizations, Assignments, Guarantees & Offers
This attorney-prepared Authorizations, Assignments, Guarantees & Offers Kit is specifically designed for use by both landlords and tenants to cover a variety of... View More
Building Maintenance Agreement
Building Maintenance Agreement between an owner, business partner and contractor who will perform maintenance on a building. It sets out the specific services to be... View More
Building Management Agreement - Exclusive
Building Management Agreement - Exclusive sets out the arrangement between a building owner and an agent who will act as exclusive manager of the premises. It sets... View More
Commercial Lease Agreements
Commercial Lease Agreements for use when leasing commercial property. Included are lease and sublease forms, lease extension and termination agreements and an... View More
Farm Lease Agreement
Farm Lease Agreement for use by a landlord when renting property to a tenant for farming usage. This agreement sets forth all rental terms including amount of rent,... View More
Garage Lease Agreements
Garage Lease Agreement between a garage owner and an individual who desires to rent the garage. This lease sets forth the amount of monthly rental payment, security... View More
Landlord Consent to Assignment and Sublease
These Landlord Consent to Assignment and Sublease Kits have been carefully prepared by experienced attorneys to provide landlords and tenants the information and model... View More
Lease Agreements
Lease Agreement forms for use when leasing residential property. Included are month-to-month lease agreements, a lease for a room within a dwelling or home and a... View More
Lease Extension Agreement
Lease Extension Agreements in both English and Spanish. These agreements will effectively extend a lease and sets forth all provisions surrounding the lease extension... View More
Lease Termination Agreement
Lease Termination Agreement designed to effectively terminate an existing lease. This agreement sets out the specifics about the termination, including the payment of... View More
Mobile Home Leases and Agreements
Mobile Home Leases and Agreements for use by an owner or landlord when leasing a mobile home. This lease agreement sets out detailed provisions including the lease... View More
Mobile Home Lot Lease Agreement
Mobile Home Lot Lease Agreement is for use by a landlord when renting a mobile home lot to a tenant. This agreement sets forth the specific location of the lot, rent,... View More
Move-In and Move-Out Inspection Checklist
This Move-In and Move-Out Inspection Checklist will clearly document the condition of a rental property before tenants move in and when they vacate the premises. This... View More
Notice of Lease Termination
This attorney-prepared Notice of Lease Termination Kit is specifically designed for use by landlords when notifying a tenant of the termination of a lease. This Kit... View More

Notice to Quit
Popular - This attorney-prepared Notice to Quit Kit is specifically designed for use by landlords to provide written notice to a Tenant who has failed to comply with an... View More
Notices for Leases and Rentals
Below are a variety of forms that may be used for providing notice to tenants for various reasons: that rent is overdue, that the landlord needs to enter the property... View More
Office Lease Agreement
Office Lease Agreement for use by a landlord when leasing an unfurnished office to a tenant. This form sets out all detailed terms including the amount of rental... View More
Real Estate Disclosure Kit
This attorney-prepared Real Estate Disclosure Kit is specifically designed to assist you in creating a real estate disclosure statement. This Kit ensures compliance... View More
Receipts (Rent & Deposits)
Receipts designed for use in renting or leasing property. Included are receipts for security deposits and monthly rent which contain the date and amount paid. These... View More
Residential Lease (with Option to Purchase)
Popular - Residential Lease Agreement with Option to Purchase is for use by a landlord when renting property and offers tenant the option to purchase the property for a... View More
Residential Lease Agreements
Popular - Residential Lease Agreements which contain a variety of forms for use when renting residential property. Included are leases for a house, furnished or... View More
Residential or Commercial Lease Assignment
Residential or Commercial Lease Assignments which will effectively assign an existing lease. These assignment forms contain the relevant terms including... View More
Residential Rental Applications
Popular - Residential Rental Application which will ensure that a landlord has all relevant information about a prospective tenant before renting to them. This... View More
Room Lease Agreements - Furnished
This Furnished Room Lease Agreement has been prepared by experienced attorneys to be used when a landlord rents a furnished room to a tenant. Setting forth the terms... View More
Roommate Agreements
Roommate Agreement will clearly set forth the mutual understandings and expectations of roommates. This agreement sets out many important provisions such as... View More
Security Deposit Demand Letter
This Security Deposit Demand Letter is for use by a tenant when demanding that a landlord return a security deposit. This letter sets out that all lease obligations... View More
Security Deposit Letters
These Security Deposit Letters Kits have been prepared by experienced attorneys for use by both landlords and tenants. These Kits include model security deposit... View More
Spanish Forms for Leases and Rentals
Spanish Forms for use by landlord and tenants. These forms include lease agreements, a rental application and notices regarding security deposits. Also included are... View More
Storage Lease Agreements
Storage Lease Agreements between the owner of a storage space and an individual who desires to rent a space. These agreements set out the specific terms including... View More
Warehouse Lease Agreement
Warehouse Lease Agreement between a landlord and a tenant who desires to lease a warehouse space or a stand-alone warehouse. This agreement spells out the the amount... View More