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It seems that most lease templates you can find online are landlord-friendly.
What about tenant-friendly lease terms: ones that protect the tenant against various abuse: doing renovations while the tenant is there, causing damage to the tenants property, miscommunications with the HOA that cause problems, etc.?
Links, tips, etc. would be appreciated. I don't exactly want to pay a lawyer $400/hour to draft the lease.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Tenants don't write leases, owners/managers do. Unless you are the rare exception, no landlord would write a lease favoring the tenant, and no landlord would accept a lease written by the tenant unless that tenant is the federal government (their lease, take it or leave it).
Well, tenants always have the right to negotiate terms. A contract has two parties after all. A tenant can always ask to have something changed, or just not sign it.
There are exceptions, like new landlords; also rural areas, where you could spend a lot of time looking for tenants to come along.
By the way, why would the gov have a better negotiating position? The only thing I can think of is that the LL expects the lease to be well-written, in compliance with the law. Other than that, the tenant could say the same thing, assuming he has other options: take it or leave it.
In CA, if a lease agreement contradicts the law, the law prevails.
So, it gives the landlord the right to enter the property to inspect it for "waterbed violations". He can apparently do it as often as he likes.
How is the tenant protected by this lease form at all?
If tenants were writing leases in this Nazi fashion, they'd have clauses like:
The landlord acknowledges that entering the unit without an invitation risks being mistaken for an intruder, and so the landlord shall hold the tenant harmless from liability for any injuries or death that may result.
A lease protects both parties by laying out rights, responsibilities, and expectations.
To your examples: wouldn't you want a nicely-renovated unit? If your property is inadvertently damaged, that's what renter's insurance is for. Or if the damage was intentional, there are civil or potentially criminal penalties for that whether the vandal is your landlord or some random individual off the street. And I'm not sure what legal clause could force your landlord not to have "miscommunications" with you, aside from a normal lease that explicitly states the rights, responsibilities, and expectations.
So, it gives the landlord the right to enter the property to inspect it for "waterbed violations". He can apparently do it as often as he likes.
How is the tenant protected by this lease form at all?
If tenants were writing leases in this Nazi fashion, they'd have clauses like:
The landlord acknowledges that entering the unit without an invitation risks being mistaken for an intruder, and so the landlord shall hold the tenant harmless from liability for any injuries or death that may result.
etc.
Godwin's Law in 5 posts...Way to go.
Most leases have a 24 hour non emergency entry clause, especially in CA (I would guess.)
I don't know what your stick is...but as a tenant I don't think the following, from the CA Civil code, is unreasonable:
"A. A landlord may enter the dwelling unit only in the following cases:
1. In case of emergency.
2. To make necessary or agreed repairs, decorations, alterations or improvements, supply
necessary or agreed services, or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workers, or contractors or to make an inspection
pursuant to subdivision (f) of Section 1950.5.
3. When the tenant has abandoned or surrendered the premises.
4. Pursuant to court order"
It seems that most lease templates you can find online are landlord-friendly.
What about tenant-friendly lease terms: ones that protect the tenant against various abuse: doing renovations while the tenant is there, causing damage to the tenants property, miscommunications with the HOA that cause problems, etc.?
Links, tips, etc. would be appreciated. I don't exactly want to pay a lawyer $400/hour to draft the lease.
Sorry, Max, but this landlord would move on to the next applicant if I had one wanting to use their own lease.
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lol...
