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Renting housing “on friendly terms”, without an agreement, often ends in conflict: either the deposit is not returned, or the owner asks you to move out within a few days, or the tenant damages the property. A written agreement removes most of these risks. In this article we explain what a residential lease agreement should contain and what to pay attention to before signing.
This material is for informational purposes. In a specific situation, the terms should be agreed upon taking your circumstances into account, together with a lawyer if needed.
Verbal arrangements are hard to prove. If a dispute arises over the amount, the term or the return of the deposit, without a written agreement each party will claim its own version. A written document records the arrangements clearly and serves as evidence. This is in the interest of both parties, not only the owner.
The deposit is a common source of conflict. To avoid disputes, the agreement should clearly state its amount, the cases in which it is retained (for example, for property damage) and the period within which it is returned after move-out. The more specific the wording, the fewer grounds for dispute.
At move-in, draw up an act describing the condition of the apartment, furniture and appliances, and attach photos. This protects the tenant from claims for damage they did not cause, and the owner from property damage without compensation. This simple step removes a large part of future disputes.
A residential tenancy (lease) agreement concluded for a term of three years or more is subject to notarization. If you plan a long-term lease, take this requirement into account in advance. For shorter terms, the parties may limit themselves to written form, but may, if they wish, have the agreement notarized.
Is a written residential lease agreement mandatory?
The written form protects both parties and makes the arrangements provable. Verbal arrangements are hard to confirm in a dispute.
When must a lease agreement be notarized?
If it is concluded for a term of three years or more. For shorter terms, the written form is sufficient.
How do I get the deposit back?
The procedure for return should be clearly set out in the agreement. An act and photos of the condition of the housing will help avoid groundless retentions.
Who pays for utilities?
This is a matter of agreement between the parties, which should be recorded in the agreement to avoid disputes.
What to do in a conflict with the landlord?
Rely on the terms of the agreement. If you cannot reach an agreement, a lawyer will help assess the situation.
The lawyers of Lexon will help you draw up or check a residential lease agreement, protect your interests, and advise on what to do in a dispute. We are in touch around the clock. Leave a request or call us.
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