Writing a Short-Term Lease Agreement
Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice
Introduction
Short-term leases are a fundamental tool for both landlords and tenants, helping to ensure clarity and security of agreements between parties. At Ƶ, we understand that understanding and drafting such documents can be daunting - but it doesn’t have to be. Our team has developed a comprehensive template library, providing standardized documents and guidance on how to draft your own lease agreement.
These documents provide protection for both the landlord and tenant. For the landlord, they guarantee that their tenant agrees to the terms of the tenancy, while providing assurance that rent will be paid on time. For the tenant, they provide peace of mind knowing their interests are protected under law; outlining their right to quiet enjoyment and obligation to pay rent at agreed intervals. Similarly, this document provides clarity by setting out exactly when rent payments are due which can prove invaluable if one is only living in a property temporarily or frequently travelling.
The importance of short-term leases lies not just in its protections but also in its ability to prevent misunderstandings between parties down the line. Having a written agreement makes sure everything is crystal clear from day one - avoiding any potential disputes arising from oral agreements in future months or years.
At Ƶ we believe everyone should have access to high quality legal templates without paying exuberant lawyer fees; as such our open source library provides all users with free access to thousands of templates covering all legal scenarios imaginable – including those related specifically to short-term leasing arrangements… With our database of millions of datapoints teaching what market standard agreements should look like, you can create your own agreement quickly - customizing it as necessary for your circumstances – saving you both time and money in future disputes or clarification requests!
If you’re considering entering into a short-term lease arrangement then read on below for our step by step guidance - plus find out how you can instantly access our free template library today!
Definitions
Tenant and landlord laws: Laws specific to rental agreements between a tenant and a landlord, which may vary from state to state.
Lease agreement: A legally-binding contract between a landlord and a tenant that outlines the rights and responsibilities of each party.
Start and end date: The beginning and ending dates for a lease agreement, which should be clearly stated in the agreement.
Payment method: The way in which rent payments are to be made. This could include setting up an online payment, or requesting payments in cash or check.
Security deposit: A sum of money that is held by the landlord as a form of security against any damages done to the property by the tenant.
Other fees: Any additional fees that may be owed by the tenant, such as late fees or pet deposits.
Tenant responsibilities: The duties that the tenant is required to fulfill under the terms of the lease agreement, such as paying rent on time and maintaining the property.
Landlord responsibilities: The duties that the landlord is required to fulfill under the terms of the lease agreement, such as providing a safe and habitable environment and making necessary repairs.
Duties and restrictions: The obligations and restrictions that must be followed by both the tenant and the landlord, such as not allowing pets or abiding by quiet hours.
Termination: The ending of a lease agreement due to non-payment of rent, violation of the lease agreement, or the end of the lease period.
Renewal: The continuation of a lease agreement after the initial term has expired. This may include the tenant and landlord agreeing to renew the lease, or the tenant vacating the unit and the landlord finding a new tenant.
Drafting: The process of creating the lease agreement, which should include all of the terms that were agreed upon.
Finalizing: The process of reviewing and completing the lease agreement before it is signed by both parties.
Signing: The formal act of both parties signing the lease agreement, which should be done in the presence of a witness.
Contents
- Understanding the Basics of a Short-Term Lease Agreement
- Researching state-specific tenant and landlord laws
- Gathering information on short-term leases
- The Parties Involved in the Lease Agreement
- Identifying who is entering into the lease
- Confirming that all parties are legally eligible to enter into a lease
- The Duration of the Lease
- Determining the length of the lease
- Establishing a start and end date for the lease
- The Rent Amount and Payment Schedule
- Establishing the amount of rent due
- Determining how often rent will be due
- Setting up a payment method
- Security Deposits and Other Fees
- Establishing the amount of the security deposit
- Identifying other fees owed by the tenant
- Tenant and Landlord Responsibilities
- Defining the responsibilities of the tenant
- Defining the responsibilities of the landlord
- Duties and Restrictions
- Outlining the tenant’s duties and restrictions
- Outlining the landlord’s duties and restrictions
- Termination and Renewal of the Lease Agreement
- Identifying the circumstances under which the lease may be terminated
- Identifying the circumstances under which the lease may be renewed
- The Signing of the Lease Agreement
- Drafting the lease agreement
- Finalizing the lease agreement
- Signing the lease agreement
- Legal Advice for Tenants and Landlords
- Researching local legal resources
- Consulting with a lawyer or legal advisor
Get started
Understanding the Basics of a Short-Term Lease Agreement
- Understand the purpose of a short-term lease agreement
- Learn the basics of a short-term lease agreement including the language and legal obligations
- Familiarize yourself with the rights and responsibilities of both the tenant and landlord
- Read through the lease agreement and become familiar with the terms and conditions
Once you have a good grasp on the basics of a short-term lease agreement, you can check this step off your list and move on to the next step.
Researching state-specific tenant and landlord laws
- Contact your local county or state housing department to find out the current tenant and landlord laws in your area
- Make a list of the laws you need to follow when writing your short-term lease agreement
- Look up any additional information you need to know to ensure compliance with the laws
- When you have a full understanding of the laws, you can move on to the next step.
Gathering information on short-term leases
- Research and understand the differences between short-term leases and traditional leases.
- Research the specific laws regarding short-term leases in your state.
- Understand the state’s rules and regulations governing short-term leases.
- Research the legal requirements for short-term leases.
- Familiarize yourself with the implications of a short-term lease for both the tenant and the landlord.
Once you have gathered all of the necessary information on short-term leases, you can check this off your list and move on to the next step: The Parties Involved in the Lease Agreement.
The Parties Involved in the Lease Agreement
- Identify the landlord and tenant entering into the agreement
- Include the address of the rental property in the agreement
- Make sure to list the names of all adults living in the rental property
- Ensure that those involved in the agreement agree to the terms of the lease
- Make sure all parties have signed the lease
Once you have identified the parties involved in the lease agreement and have their names and address of the rental property listed, you can check this step off your list and move on to the next step.
Identifying who is entering into the lease
- Contact each party involved in the agreement and confirm that they are legally eligible to enter into a lease.
- Get the full legal name, address, and contact information (telephone number and/or email address) for each of the parties.
- Include the tenants’ ages in the agreement if they are under 18.
- Once all parties are identified, contact information is collected and verified, and ages are included, you can move on to the next step.
Confirming that all parties are legally eligible to enter into a lease
- Check that all parties involved in the lease are legally eligible to sign a lease agreement.
- This typically means that all parties should be of legal age and have the capacity to enter into a legally binding agreement.
- Confirm that all parties are of legal age according to state or local laws.
- Confirm that all parties have the legal capacity to sign a binding agreement.
- You can check this off your list once you have confirmed that all parties involved in the lease agreement are legally eligible to enter into a binding agreement.
The Duration of the Lease
- Decide the length of the lease, with a maximum of 12 months
- Note the start and end dates of the lease
- Specify the exact dates of the start and end of the lease
- Include a clause that states the lease automatically terminates on the end date
- Once you have determined the length of the lease, you can move on to the next step: Determining the length of the lease.
Determining the length of the lease
- Decide on the length of the lease. The length of the lease can be anywhere from one month to one year.
- Determine if the tenant will have the option to renew the lease.
- Specify the start and end date of the lease.
- Make sure that the lease is in compliance with the landlord-tenant law.
Once you have determined the length of the lease, you can move on to the next step which is establishing a start and end date for the lease.
Establishing a start and end date for the lease
- Discuss with the tenant the desired start and end dates for the lease
- Take into consideration the tenant’s desired move in date and their desired move-out date
- Make sure that the start and end dates are clearly indicated in the lease agreement
- Agree on a start and end date and document the dates in the lease agreement
- Once the start and end dates are agreed upon and documented in the lease, this step is complete and you can move on to the next step.
The Rent Amount and Payment Schedule
- Determine the total rent amount due for the period of the lease
- Decide how many times the tenant will be paying rent during the lease period (monthly, bi-weekly, weekly, etc.)
- Calculate the amount of rent due for each payment period
- Enter the rent amount and payment schedule into the lease agreement
- Make sure that the total rent equals the amount specified in the beginning of the lease
- You can check this step off your list when the lease agreement includes the total rent amount and payment schedule for the lease period.
Establishing the amount of rent due
- Calculate the amount of rent due for the duration of the lease
- Consider if the lease will be for a fixed amount of time or for a periodic period of time
- If the lease is for a fixed amount of time, set the amount of rent due accordingly
- If the lease is for a periodic period of time, set the amount of rent due accordingly
- Check that the amount of rent due is acceptable to both parties
- Document the amount of rent due in the lease agreement
When you can check this off your list:
When the amount of rent due for the lease has been established, documented and agreed upon by both parties.
Determining how often rent will be due
- Decide whether the rent will be due monthly, quarterly, or yearly
- Discuss both the tenant’s and the landlord’s preferences
- Add a clause to the lease agreement that specifies how often rent will be due
- Check off this step when the clause has been added to the lease agreement
Setting up a payment method
- Discuss the payment method for rent with the tenant. This can include cash, check, money order, or electronic payments.
- Decide if the tenant will be responsible for any additional fees associated with their chosen payment method.
- Have the tenant sign the lease agreement, along with any other documents that outline the payment method.
- Once the tenant has signed the agreement and documents, you can check this off your list and move on to the next step, which is determining the security deposits and other fees.
Security Deposits and Other Fees
- Clarify if the tenant is responsible for paying any other fees, such as cleaning fees or pet deposits
- Specify how much these fees will be and when they will be paid
- Include any additional terms that may apply, such as the tenant being responsible for any damages caused by their pet
- Determine if the security deposit will be held in an interest-bearing account, and who will be responsible for the interest earned
- Make sure the security deposit and any other fees are clear in the lease agreement
Once you’ve clarified all the fees and deposits associated with the lease, you can check this step off your list and move on to the next step.
Establishing the amount of the security deposit
- Determine the amount of the security deposit - typically equal to 1 month’s rent
- Include the amount of the security deposit in the lease agreement
- Clarify that the tenant is responsible for all damage to the property beyond normal wear and tear
- Specify when and under what circumstances the security deposit will be returned to the tenant
- Once the amount of the security deposit is determined and included in the lease agreement, check off this step and move on to the next.
Identifying other fees owed by the tenant
- Ask the tenant if they plan on having pets
- If applicable, explain the pet fee, which may include a non-refundable deposit and/or a monthly fee
- Ask the tenant if they plan on having any other occupants
- If applicable, explain the additional occupant fee, which may include a non-refundable deposit and/or a monthly fee
- Ask the tenant if they plan on storing any items in a storage unit
- If applicable, explain the storage unit fee, which may include a non-refundable deposit and/or a monthly fee
- Ask the tenant if they plan on using any additional amenities
- If applicable, explain the additional amenities fee, which may include a non-refundable deposit and/or a monthly fee
How you’ll know when you can check this off your list and move on to the next step:
Once the tenant has been informed of any applicable fees for pets, additional occupants, storage units, and additional amenities, you can move on to the next step.
Tenant and Landlord Responsibilities
- Outline the conditions that must be met by the tenant and landlord
- Identify which party is responsible for maintaining the property, paying taxes, and making necessary repairs
- Note any restrictions, such as noise-level or occupancy limits
- Specify who is responsible for utilities such as heat, water, and electricity
- Set out the rules for access to the property, pets, and guests
- Specify the rules for terminating the lease
- Identify any additional requirements, such as parking permits
When you have outlined all of the responsibilities of the tenant and landlord, you can check this step off your list and move on to defining the responsibilities of the tenant.
Defining the responsibilities of the tenant
- Have the tenant provide proof of identity and residence for verification
- Determine the amount of rent and when it is due
- Specify any late fees or other penalties for non-payment
- Outline any restrictions on the tenant’s use of the property
- Include details about any additional fees associated with the rental such as pet deposits, cleaning fees, etc.
- Lay out the details of the security deposit amount and how the deposit will be refunded to the tenant
- Specify any rules or regulations that the tenant must abide by while living in the rental property
You will know when you can check this off your list and move on to the next step when all of the above points have been addressed in the lease agreement.
Defining the responsibilities of the landlord
- Obtain the consent of the tenant for the proposed lease and any addendums
- Provide and maintain a safe and habitable living space
- Make necessary and agreed upon repairs to the rental property
- Make the rental property available to the tenant on the agreed upon date
- Respect the tenant’s right to privacy
- Refrain from entering the rental property without the tenant’s permission
Once you have listed the responsibilities of the landlord, move on to the next step of the guide: Duties and Restrictions.
Duties and Restrictions
- Outline the tenant’s duties and restrictions, such as adherence to the quiet hours, rules about pets, and any other restrictions.
- Make sure to include any applicable state or local laws that may impact the tenant’s use of the rental property.
- Specify how the tenant should pay rent, including the frequency and amount.
- When you’ve outlined the tenant’s duties and restrictions, you can move onto the next step which involves outlining the landlord’s responsibilities.
Outlining the tenant’s duties and restrictions
- List the restrictions of the tenant, such as the number of people who can occupy the property, not keeping pets, not making changes to the property, etc.
- List the duties of the tenant, such as keeping the property clean and safe, repairing any damages they caused, paying the rent and utilities on time, etc.
- Make sure to include a clause that outlines the tenant’s responsibility to notify the landlord if they are going to be away for an extended period of time.
- Once you have outlined the tenant’s duties and restrictions, you can check this step off your list and move on to outlining the landlord’s duties and restrictions.
Outlining the landlord’s duties and restrictions
- Make a list of all the duties the landlord is responsible for, such as making repairs and maintaining the property
- List any restrictions the landlord must adhere to, such as no smoking or keeping pets
- Make sure to include any relevant local ordinances that must be observed
- Include any additional conditions that the landlord must be aware of
- Once all of the landlord’s duties and restrictions have been outlined, you can move on to the next step in the guide.
Termination and Renewal of the Lease Agreement
- Include a clause that outlines the length of the lease, the process for renewal and any associated fees
- Include a clause that outlines the process for either party to terminate the lease early, and what the repercussions are
- Include a clause that outlines the process for either party to renew the lease, and any associated fees
- Make sure to include a clause that addresses what happens if the tenant does not renew or terminate the lease by the date specified
- Make sure to include a clause that outlines the process for either party to terminate the lease early in case of a breach of the agreement
Once you have included all of these points in the termination and renewal clause, you can check this off your list and move on to the next step.
Identifying the circumstances under which the lease may be terminated
- Research applicable landlord-tenant laws in your state and ensure that any lease agreement you write adheres to those laws
- Outline the specific circumstances under which the tenant may terminate the lease in writing
- Include a clause specifying any notice period for the tenant to provide before terminating the lease
- Include a clause specifying any penalty for early lease termination
- Have both parties sign and date the agreement
- You can check this step off your list once the circumstances under which the lease may be terminated have been agreed upon and written into the agreement.
Identifying the circumstances under which the lease may be renewed
- Determine whether the lease needs to be renewed or not.
- Consider the length of the lease term and how it may be extended.
- Discuss the renewal clause of the agreement with both parties to ensure that all parties are in agreement.
- Be sure to include the date on which the lease will be renewed.
- Put the agreement in writing and sign it.
When you can check this off your list and move on to the next step:
- When all the parties involved agree to the renewal clause and the agreement is in writing and signed by both parties.
The Signing of the Lease Agreement
- Have both parties sign the agreement in the presence of a notary
- Have both parties make copies of the completed agreement
- Make sure the signatures of both the landlord and the tenant are included
- Check that the agreement is dated correctly
- Once all steps for signing the agreement are completed, you can move on to the next step of drafting the lease agreement.
Drafting the lease agreement
- Identify the parties involved in the lease agreement and include their full legal names and contact information
- Establish the start and end dates of the lease, as well as any provisions for early termination
- Specify the amount of rent that is due, the payment due date, and the method of payment
- Determine the length of notice that each party must provide before terminating the lease
- Include details on the security deposit, if applicable
- Outline the rules and regulations that must be followed while living on the property
- Have both parties sign the agreement and keep a copy for their records
Once all of the information has been included in the lease agreement, it can be checked off the list and finalized.
Finalizing the lease agreement
- Review the entire agreement for accuracy and completeness.
- Make sure all parties have signed the lease.
- Have all parties make copies of the lease for their records.
- File the original lease document in a safe place.
You will know you have completed this step when all parties have signed the lease and all parties have a copy of the signed lease.
Signing the lease agreement
- Both the tenant and the landlord should sign the lease agreement
- Make sure to include the date of signing and the location of the property
- Both parties should write down the amount of rent that is due and the date it needs to be paid
- After both parties have signed the lease agreement, make sure to each have a signed copy
- Once the lease agreement is signed, checked, and both parties have a copy, you can check this step off your list and move on to the next step.
Legal Advice for Tenants and Landlords
- Research your state’s landlord tenant laws to understand your rights and obligations as either a tenant or a landlord
- Check your local county and/or city regulations for additional landlord/tenant requirements
- Consult with a lawyer if you have any questions or need assistance with drafting the lease agreement
- Make sure that both the tenant and the landlord are aware of all applicable laws
- When you are both satisfied that you understand the legal requirements, you can move on to signing the lease agreement.
Researching local legal resources
- Research local laws regarding tenancy terms and conditions
- Research local and state regulations that may apply to the lease agreement
- Contact the local housing office for information about tenant rights, landlord requirements, and any other legal regulations
- Consult online resources for information about tenant and landlord rights
- Review local court decisions related to tenancy law
- When complete, you will have a good understanding of the local legal requirements for a short-term lease agreement.
Consulting with a lawyer or legal advisor
- Schedule an appointment with a lawyer or legal advisor who specializes in rental agreements
- Ask questions about the process of writing a short-term lease agreement and inquire about any specific guidelines or requirements for your region
- Discuss the terms of the rental agreement and make any necessary revisions
- Once the agreement has been reviewed and approved, you can check this off your list and move on to the next step.
FAQ
Q: What are the legal implications of a short-term lease agreement in the UK?
Asked by Matthew on 15/04/2022.
A: Short-term lease agreements in the UK are subject to the same laws as any other type of tenancy agreement. This means that landlords must provide certain protections for tenants, such as a safe, habitable property and notifying tenants of any changes to their rights or obligations. Landlords must also follow specific procedures when ending a tenancy, such as giving the tenant two months’ notice and providing them with a valid reason for the eviction. It is important to understand these legal requirements before entering into any kind of tenancy agreement.
Q: Are there specific rules to writing a short-term lease agreement in the US?
Asked by Shelby on 20/06/2022.
A: Yes, there are specific rules to writing a short-term lease agreement in the US. All leases should include details such as the start and end date of the lease, what type of property is being leased, and information about the tenant’s rights and obligations. Additionally, all US states have their own specific laws governing short-term leases, so it’s important to be aware of these laws before entering into any agreement. Common regulations include restrictions on rent increases, limits on security deposits, and limits on late fees.
Q: Are there differences between US and EU law when it comes to leasing?
Asked by Abigail on 10/05/2022.
A: Yes, there are some notable differences between US and EU law when it comes to leasing. In the EU, tenants have more rights than their US counterparts – for example, they are protected from eviction for long periods of time, even if they fall behind in rent payments. Additionally, EU tenants may not be required to pay a security deposit or sign an agreement that lasts longer than one year. It is important to be aware of these differences before entering into any kind of lease agreement in either region.
Q: How can I ensure that my short-term lease agreement is legally binding?
Asked by John on 23/02/2022.
A: To ensure that your short-term lease agreement is legally binding, it is important to include all necessary elements such as start and end dates; what type of property is being leased; rules regarding the tenant’s use of the property; information about rent payments; an inventory list; and information about how disputes will be resolved. Additionally, all parties should sign the document and keep a copy for their records. Following these steps will help ensure that your agreement is legally binding and enforceable in court.
Q: Is it necessary for both parties to sign a short-term lease agreement?
Asked by Noah on 01/01/2022.
A: Yes, it is necessary for both parties to sign a short-term lease agreement in order for it to be legally binding. The signature serves as evidence that both parties have agreed to all of the terms set out in the document and are willing to abide by them throughout the course of the tenancy. Additionally, signatures help protect both parties in case any disputes arise in relation to the lease agreement later down the line – evidence that both parties agreed to all terms can be invaluable in resolving legal disputes quickly and fairly.
Q: What happens if I breach my short-term lease agreement?
Asked by Emma on 21/08/2022.
A: Breaching a short-term lease agreement can have serious legal consequences depending on the type of breach committed and where you live. Generally speaking, landlords have a right to evict tenants who breach their agreements – either with or without cause – so it’s important to understand all terms before signing an agreement and abide by them throughout your tenancy period. If you do breach your agreement, contact your landlord immediately and try to reach an amicable resolution – this may include making up missed rent payments or paying for damages caused by your breach.
Q: What should I do if my landlord breaches my short-term lease agreement?
Asked by Liam on 05/11/2022.
A: If your landlord breaches your short-term lease agreement then you should take steps to protect yourself legally by documenting any evidence related to the breach (emails or photos) and speaking with an attorney if necessary. Depending on where you live, you may have legal recourse against your landlord if they fail to uphold their obligations under your rental contract – this could involve filing a lawsuit or seeking compensation for damages caused by their breach of contract. Ultimately, it’s important to understand your rights as a tenant before signing any kind of tenancy agreement so that you can take appropriate action if needed.
Q: Is there a difference between a sublease and a short-term lease agreement?
Asked by Sophia on 29/03/2022.
A: Yes, there is an important difference between a sublease and a short-term lease agreement – namely that in a sublease one tenant (the ‘sublessor’) rents out part or all of their space to another tenant (the ‘sublessee’). This means that while both agreements involve renting out property from one person (the ‘landlord’), only subleases involve multiple tenants simultaneously renting out separate parts (or all) of one property from one landlord at once. Furthermore, while most short-term leases last no more than one year at most, subleases can often last much longer depending on what is agreed upon between all parties involved.
Q: Can I write my own short-term lease agreement without using a lawyer?
Asked by William on 18/07/2022.
A: While it is possible to write your own short-term lease agreement without using an attorney or lawyer – particularly if you are familiar with rental laws in your area – it is not recommended due to potential legal complications which could arise later down the line if something goes wrong with either party’s obligations under the contract or if either party attempts to break said contract without just cause or proper procedure being followed first. A lawyer can help you draft an appropriate rental contract tailored specifically for your needs while also ensuring that both parties are aware of their rights under said contract; ultimately this will save time and money down the line should any disputes arise related to said rental contract later down the line
Example dispute
Lawsuits Regarding Short Term Lease Agreements
- A plaintiff may sue a company for breach of contract if they fail to abide by the terms of the lease agreement. This may include failure to pay rent on time or not providing the necessary services and amenities.
- The plaintiff may also sue a company if they are charged additional fees not outlined in the lease agreement.
- A plaintiff may sue for breach of implied covenant of quiet enjoyment, which states that the tenant must be able to use and enjoy the property without interference from the landlord.
- A plaintiff may sue for breach of implied covenant of habitability if the property is not in a habitable condition, for example if there are structural issues or the property is not being kept clean and safe.
- If the plaintiff has suffered any financial losses as a result of the breach of the lease agreement, they may be able to receive compensation for these losses.
- Depending on the severity of the breach, the plaintiff may also be able to receive punitive damages, which are meant to punish the company for their actions.
- The plaintiff may also be able to receive an injunction, which is a court order requiring the company to adhere to the terms of the lease agreement.
- Settlement may be reached if the company offers to make amends, such as by making repairs on the property or refunding the tenant any fees paid that are not outlined in the lease agreement.
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