10-03-2005, 09:32 PM
| | Good Leases, Free House... KEEP THAT LEASE LEGAL!
The longer you are a landlord the more restrictive you attempt to make your lease. That's just good business.... but don't include any provisions in your lease that are not legal.
It would be illegal to include a provision that states the resident agrees not to include his or her lease (the lease on your property) in their bankruptcy filing... should their bankruptcy become necessary.
Bankruptcy laws are Federal.. lease law is state law. Anyone can file for bankruptcy and invoke all lprotections afforded to them by the U.S. Bankruptcy Code... including not making lease payments... at least temporarly.
It would be illegal for your lease to require that residents be responsible for injuries he or she sustain during the lease term. The law can legally hold
landlords liable for damages and injuries caused due to negligence. A landlord cannot contract that away.
The same would apply to a requirement that the tenant be responsible for all necessary repairs. In every state the law mandates that landlords perform certain repairs to mantain the property and keep it habitable.
Requiring a renter to pay for all fo the landlord's legal fees and costs regardless of a court case out come would also be a lease no-no.
Most good leases have stood the test of time and will help you avoid legal problems. Just don't ask tenants to sign it until you have read and completely understan every line.