3 Easy Ways to Strengthen Your Lease Agreement

For those times when tenants becomes a problem, landlords need their lease agreement to stand up to the test. These 3 problems come up routinely in legal disputes, but can be easily avoided. The trick is to clean up the lease before a tenant signs:

1. The names of the occupants in the rental don’t match the names on the lease

It seems simple, but this is a frequent problem for landlords looking to enforce a lease to collect unpaid rent or evict a bad tenant. In order to enforce any provisions in the lease, each adult occupant should be listed as a tenant. In addition, each of those occupants have to sign the written lease. Otherwise, a landlord may not be able to enforce legal rights, or easily reclaim the property for a new tenant.  Make sure everyone signs using their legal name — the names and the signatures must match. Sometimes the lease is reviewed online and the negotiations are via email. That can make it hard to determine whether you have a signed lease. Don’t let e-signatures or online forms jeopardize your legal rights.

2. The security deposit terms are unclear

Many landlords find themselves in court over security deposit disputes. One issue that comes up frequently is the actual amount of the deposit. Also, questions arise over whether a separate pet deposit was allocated, what the deposit is for, and when it is to be returned. Arizona Landlord and Tenant Act allows landlord to collect no more than 1.5 month of rent as deposit. Be sure that the security deposit is clearly delineated from any other fees, especially any non-refundable fees.

3. The lease is not tough enough on crime

More and more cities are passing ordinances making landlords responsible for tenant crimes and disorderly behavior. In many cases, these laws require landlords to take legal action against a tenant in order to avoid fines. It is important that the lease give the landlord that flexibility with problem tenants.