If you are a landlord renting property the bedrock to that landlord/tenant business relationship is the lease. You need a lease that protects your interests and your property. You need a lease that clearly defines the rights of the parties and remedies in the event of a breach, and you need a lease that conforms to Florida law. Ideally, you also want a lease that is easy for everyone to understand and not written in a bunch of legal mumbo jumbo.
As a landlord tenant attorney here in Sarasota County I review leases and litigate landlord tenant disputes on a daily basis. I hate to say it, but I have had some ugly leases cross my desk. Whether they are form leases improperly filled out, “custom” leases cobbled together from who knows where, or a handwritten lease, all manner of residential leases cross my desk. These contracts represent thousands of dollars of rental payments, with people’s property and livelihoods hanging in the balance.
If you run into a problem with your tenant and the matter has to go to court, a vague or unclear lease is read in the light least favorable to the party that drafted it. Typically the landlord drafts the lease, so if there is a section of the lease that could go “either way” the Judge is going to read it in the tenant’s favor. A poor lease is a liability and a problem waiting to happen. It can also be very difficult and expensive to undo a bad lease.
I’ve also picked up a number of tricks as I’ve seen the pain points of residential leases get tested to the breaking point. I’ve attended hearings, conducted trials, and heard the hard truth from the Judge’s mouth about how certain clauses are interpreted. I’ve gotten money judgements and judgments for possession. I’ve removed all kinds of people from all kinds of property. And as someone dealing with the hairiest landlord tenant disputes I’ve also seen some pretty interesting problems. After all, no one is going to pay my rate to handle a cream-puff landlord tenant problem; typically I only get called in when the client is in trouble and the chips are truly down. Abandoned property, self-help evictions, tenants stealing appliances, tenants who haven’t paid rent for months, people dying in the subject property, drugs, prostitutes, wild animals, toaster fires burning down the entire building… you can’t make this stuff up. The list stretches on, and the law gets updated every year, and I work to best serve the interests of my clients.
Here are a few areas of the lease that I see a lot of landlords get wrong:
- Lease Duration
- Security Deposits (the statutes were updated in 2014 with new mandatory language that needs to be included in every lease)
- Late fees
- The Landlord’s responsibilities for maintenance and repair
- The Tenant’s responsibilities for maintenance and repair
- Liquidated Damages
- Early Termination
- Tenant’s personal property in the event of abandonment
- Termination in the event of damage to the unit (whether it’s the Tenant’s fault or not)
- Inspection Provisions
I can’t say that an airtight lease will ensure that the rent is timely paid, but I can say that having a good lease in place starts things out on the right foot, and a bad lease can really hurt the unwary landlord.
This is why I offer residential lease drafting services. To be clear about this: I do not provide forms. I draft custom leases tailored to my clients’ specific needs, and I provide my clients with .pdf and editable versions of the documents. Typically these services are performed for a modest flat fee. Sure you could save a few hundred dollars trying to play lawyer and write your own lease, but for savvy business owners a professionally drafted lease is a prudent investment and a cost of doing business.
Feel free to call (941) 882-4367 or email dan@danpolicastrolaw.com to discuss your specific rental situation and to draft a lease tailored to your needs.
