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Important details and conditions that should be included in a Lease Agreement

Lease Agreements in Rhode Island

Brought to you by the Real Estate experts at James J Caruolo Law Offices.

A RI Lease Agreement is a legal contract full of vital details which protects both parties involved in the Agreement. Whether it is a lengthy, typed document or a brief hand written piece of paper it should cover certain basic terms of occupancy. Listed below are some of the most important items to cover.

  • List names of all Tenants and have each of individual sign the Lease. This act obligates all inhabitants to maintain the rules of the Lease or risk termination for all Leaseholders occupying the dwelling.
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  • Limits of Occupancy. Clearly stipulate that the residence is only to be inhabited by the Tenants who have signed the Lease and their minor children. This prohibits a Tenant from moving in a friend or relative or to sublet the unit without your permission.
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  • Term of Tenancy. State whether this is a fixed-term Lease which typically last a year or a Rental Agreement which usually runs from month-to-month. This decision will be based on how much flexibility you want in your arrangement.
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  • Rent. Specify the amount of rent to be paid, date due and acceptable forms of payment. Detail the acceptable payment timeframe and include if late fees will be incurred if rent is not paid timely. Also whether a Tenant will be charged a fee in the event a rent check bounces.
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  • Security Deposit. Security deposits are a frequent source of conflict. Be explicit  on the following points:
    • The dollar amount of the security deposit. Be sure to comply with any state laws setting maximum amounts.
    • How you may use the deposit such as to repair damage caused during tenancy and how the Tenant may not use it such as applying it to the last month’s rent.
    • When and how the deposit will be returned along with an accounting for any deductions taken after the Tenant moves out.
    • Any legal non-returnable fees, such as for cleaning or damage caused by pets.
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    You can also include details on where the security deposit is being held and whether interest on the security deposit will be paid to the Tenant. This is legally required in a few states and cities.

  • Repairs and maintenance. Clearly state the Tenant’s responsibilities for repairs and maintenance.
    • Tenant’s responsibility to keep the premises clean and sanitary and to pay for any damage caused by his or her abuse or neglect
    • Require that you be alerted by the tenant to any defective or dangerous condition in the rental property along with specific details
    • Restriction on Tenant doing any repairs and/or alterations without your explicit permission
    • Specify the procedures to be applied for handling complaints and repairs requested by the Tenants
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  • Access to rental property. Clarify your legal right of access to the property, for example, to make repairs. State how much advance notice you will provide the Tenant before entering the premises.
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  • Restrictions on Tenant illegal activity. Include a clause prohibiting disruptive behavior, such as excessive noise and illegal activity such as drug dealing.
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  • Pets. Be clear as to whether or not you allow pets. Identify any special restrictions, such as a limit on the size, number or type of pet allowed. In addition include a requirement the tenant will keep the premises, inside and out, free of all animal waste.
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  • Other Restrictions. Be sure your Agreement complies with all relevant laws including rent control ordinances, health and safety codes, occupancy rules and antidiscrimination laws. Other legal restrictions, such as limits on the type of business a Tenant may run from home, should also be spelled out in the Agreement. Rules and regulations covering parking and use of common areas should be specifically mentioned as well.

For more info visit: lawofficesofjjc.com
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James J Caruolo Law Offices 33 College Hill Road Warwick, RI 02886 (401) 828-7100


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