David G. Brown - HOW TO REDUCE YOUR RISK IN REAL ESTATE INVESTING

In addition to what you put in the lease, be sure to check local laws about landlord access. Some places require landlords to provide tenants with advance notice (such as 24 hours) before they access the property, although emergency situations like taking care of a leak might be considered an exception.

24. Property Disclosures

Don’t forget to include clauses for property disclosures that protect you, particularly for lead-based paint (if your property was built before 1978), radon gas, mold/mildew, and any major property hazards, such as pools and high balconies.

25. Your Rights in Case of Abandonment

Finally, your lease should include rules about your rights if the tenant suddenly breaks the lease without notice and abandons your property. If the tenant just disappears in the middle of the night, you have the right to go in, reclaim the property, and potentially put a claim on their security deposit. Then, you have the right to dispose of their belongings in accordance with the law and re-rent the property to someone else — all without losing thousands of dollars. You will almost certainly need to include more than just these above-mentioned items in your lease, depending on your specific property, where it’s located, the local laws, and your specific preferences, but these “essential 25” are a starting point. Again, please consult your attorney for further guidance and for drafting the lease itself.

Remember: Your lease is your protection!

LAYING DOWN THE L WN THE LAW — ENFORCING THE LEA G THE LEASE

108

Powered by