Forms Introduction for Members
RHOL Rental Housing Forms & Agreements are located in their own Web. You will need to use your RHOL Member "user name" and "password" to access the actual forms, but you can view information about the available forms on the Forms Web .
The necessary forms and agreements used by landlords and tenants include:
Rental Application: The application is the most important document that a landlord can use to help screen out undesirables - before they become tenants.
Most professional property managers believe that tenant screening is a landlord's primary responsibility. Consequently, RHOL has several pages on the subject in both our public and our member webs. One of the many important tips you will find, that benefits both landlords and the rental property's neighbors, is to have all the potential adult occupants completely fill out applications and then use the information to screen each adult applicant.
Screening is important for reasons other than just determining whether applicants are capable of paying the rent. It is just as important to the property owner, other tenants and the community, that people with a history of violence, illegal activities, or other irresponsible or anti-social behaviors be prevented from renting a property. For example, a drug dealer can likely pay the rent, but they are also likely to destroy lives and the neighborhood.
Some landlords and property managers also require that each adult occupant sign the lease or agreement, making them jointly and severally responsible for costs and damages. We cover the subject in great detail throughout RHOL Webs, starting on the Rental Application Page .
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Credit Reports and Screening : Most professional landlords now use credit reports as their first step in tenant screening. Consumer credit reports are a pretty good indicator of individual responsibility. A credit score is a computer compiled and generated numerical rating that is used by most credit grantors to determine if further screening should be pursued. (It is also the method used by many retailers to qualify a customer for instant credit.)
If tenancy is denied because of information contained in a report, certain procedures must be followed by the decision maker. They include: providing specific form letters to the applicant that contain information on securing a free copy of their credit report and how to correct any errors it may contain.
The complete Federal Credit Reporting Act, along with landlord's responsibilities, consumer credit information, explanations, and all the necessary forms and documents used in tenant screening can be found in either the Forms Web or the RHOL Credit Web .
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Rental Agreement or Lease : Rental agreements can be anything from a simple oral understanding to multi-page documents that attempt to address every possible situation.
A tenant should carefully read every document they are asked to sign, particularly rental agreements. If there are any doubts or uncertainty, a real estate attorney or housing professional should be consulted. Remember, a lease is a contract under which someone will occupy someone else's property. Contracts are legally enforceable.
Many states regulate what can and can't be in agreements to rent residential properties. In fact, some states make their landlord-tenant law a default part of any such agreement. It is important that every party to the contract review our pages on the subject. They can be found in our Landlord's Web and in the new Tenant's Web now under development. However, the subject is covered most completely in the Property Management Web where you will find your state's landlord-tenant law and even several pages of Cut & Paste lease clauses; the good and the bad.
If you want additional information on the importance of a written rental agreement, read the RHOL page on Lease FAQ's , then find several examples of rental agreements in the Forms Web .
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Pet Agreement : Pets are about the most contentious issue in landlord-tenant relationships and sometimes lead to lawyers and litigation. You still find that most classified ads for rental housing contain those almost immortal words: "No Pets Allowed". Every meeting of landlords will almost certainly lead to a horror story about ruined carpeting and persistent odor caused by unauthorized pets.
RHOL disagrees with a flat "no pet policy". We promote "responsible" pet occupancy and written Pet Agreements. We have learned that even if pets are prohibited, tenants are still likely to acquire them in violation of any agreement. As a result, we recommend dealing with the pet issue up-front and in writing. We have many pages, and our attorneys have created several Forms , devoted to making pets "win-win" for everybody. Start at: RHOL Pets .
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Check List : Most states now require that landlords and tenants complete a move-in/move-out check list. The document usually contains a form listing rooms, furniture, fixtures, appliances and appurtenances. The landlord and tenant should agree on the condition of each listed item at the time of move-in, and document their agreement. Then there should be no argument as to damages, if any, when the tenant moves out.
See our Check List pages and forms. Also see our page addressing what is normal Wear and Tear and what is usually considered Damage.
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Sub-Lease : There are many cases where a sub-lease of residential property may become necessary or desirable. The absence of decent, safe and affordable housing in many areas has forced tenants to double up, often after they have negotiated the agreement with the property owner.
Students and immigrant families face the problem of affordability on their own every day. As a result, they often agree to take in friends or family with or without the landlords knowledge. When the relationship doesn't work out, as is often the case, the original tenant discovers that the law now considers them to be landlords and their "guests" have all the legal rights of a tenant. The "sub-tenant" cannot be evicted except by following the state's landlord-tenant and eviction law.
RHOL addresses the sub-lease problems and solutions in the new Tenant's Web and provides the state law and necessary forms in our other Member Webs .
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Extension Agreement : A lease extension agreement is usually a simple document setting out any changes to the existing agreement and the length of a new term.
Absent an extension, or a new lease, tenancy becomes a Tenancy at Sufferance" (hold-over) or "Periodic Tenancy" (month-to-month). When you read the RHOL pages on Types of Tenancy you will discover that is is often preferable to use written extensions whenever possible. You will find the documents you need to help avoid potential pitfalls in the Forms Web .
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Utility Agreement : Who pays for what in a multi-unit building with common utilities? The situation is normally an issue in older urban Victorian homes that have been cut up into several units, without separating mechanicals. When the landlord, or several tenants share a common bill, who should be responsible for what share of the cost ands under what conditions? If a tenant doesn't report a leaky faucet or toilet, who should be responsible for the bill?
The common complaint to RHOL discussions is that heat, electric or water was included in the rent, but rising prices or over usage has lead to anger and confrontation over open windows, electric heaters or washing cars. When written agreement become necessary, you will find them in the Forms Web .
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House Rules : Leases in apartment communities often refer to "House Rules" that contain the covenant under which tenants share and use those areas and facilities held in common. They cover such things as trash disposal, parking, playgrounds and pools.
You will find examples and suggestions in both the Forms Web and the Property Management Web .
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Change of Tenancy : Some form of this form is usually used to raise the rent or reduce to writing oral modifications of a rental agreement.
Most state landlord-tenant law requires that any change of tenancy, including rent increases, be made in writing with a statutory notice; normally one month.
You will find a couple examples of forms necessary to good business practice and following the law in the Forms Web .
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Maintenance Request Form : Leases and rental agreements should always contain a provision that every request for maintenance be in writing. The most often used defense for not paying rent is that the landlord would not do necessary repairs. The best way to avoid misunderstandings and eventually litigating the issue is using written documentation by both tenants and landlords.
RHOL understands the seriousness of maintenance and repair issues. The health and safety of tenants and their guests is at issue for occupants. Collecting rent on time, every time, without excuses, is necessary for landlords to provide housing. We provide suggested forms and form letters to help all parties avoid problems in the Forms Web .
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Demand for Payment : We wish that this form would never be necessary. It would be a much better rental housing world if tenants could or would always pay the rent when it is due. They sometimes can't and other times won't.
The letters and forms used for collecting rent vary by landlord and from state-to-state. We try to cover the most common or popular "requests" for payment and address the legal "demands" required in most states.
You should be able to find what you need in either the Forms Web or the Property Management Web .
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Eviction Forms : Unfortunately, many landlords and tenants wait to join RHOL and get the information they need to maintain a workable relationship until they are faced with the trauma of an eviction.
Most evictions are avoidable, but uninformed landlords and tenants are not likely to avoid them without good information and a reasonable attitude. We cover as much as we can to help maintain a workable relationship on a great many RHOL pages. You might like to start with Evictions .
You will find that vast majority of residential evictions are for non payment of rent, which are usually treated as a summary proceeding and do not require a trial of fact. That process starts with a "Notice to Quit for Non-Payment of Rent" with a statutory notice usually ranging from 3 to 10 days. If the rent remains unpaid the landlord moves on to a "Complaint" and "Summons" to appear. Most forms for most states can be found in the Forms Web .
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Many More: There are more than 200 rental housing forms, real estate and rental agreements, letters, booklets, lists and more in the RHOL Forms Web . There are also pages of hundreds of specialized clauses that can be inserted into lease documents to customize them in accordance with the type of property or particular circumstances.
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