Month-to-Month Lease Agreement

Instructions & Checklist

Month-to-Month Lease Agreement

 This packet includes the following items:

(1) Instructions and Checklist for Month-to-Month Lease Agreement;

(2) Information about Month-to-Month Lease Agreements;

(3) Month-to-Month Lease Agreement;

(4) Inspection Checklist;

(5) Lead Paint Disclosure; and

(6) Exhibit A: Building Rules and Regulations Cover Sheet.

 The Landlord must sign the Month-to-Month Lease Agreement

 The Tenant(s) must sign the Month-to-Month Lease Agreement. If there is more than one adult Tenant, each Tenant should sign the Month-to-Month Lease Agreement.

 Generally, the Landlord and the Tenant(s) will each retain an original signed Month-to-Month Lease Agreement. Therefore, if there is one Landlord and two Tenants, three original leases must be executed (i.e., signed and dated).

 Certain states require the Landlord and Tenant(s) to conduct an inspection of the premises to be rented, either before physical occupancy of the property by the Tenant(s) or before the Month-to-Month Lease Agreement is signed by either party. Even if a state does not specifically require a joint inspection, it is nonetheless a good idea to conduct one for the protection of both parties. Additional information about the security deposit requirements for each state, and whether an inspection is required prior to funding or returning a security deposit, may be found at the following link: http://www.findlegalforms.com/public/RENT/DEPCHRT.doc

 For additional information about specific state laws governing Landlord and Tenant relationships in your state, please click on the following link:

http://www.findlegalforms.com/public/RENT/REGCHART.doc

 If the property was built before 1978 (i.e., pre-1978 property), federal law requires that the Landlord and Tenant(s) (and their agents) sign the “Disclosure of Information on Lead-Based Paint.” Federal law requires the Landlord to keep the signed copy of the “Disclosure of Information on Lead-Based Paint” for a minimum of three years as proof of compliance with the rules. A copy of the “Disclosure of Information On Lead-Based Paint and/or Lead-Based Paint Hazards” form is included in this packet.

 These forms contain the basic terms and language that should be included in month-to-month lease agreements. The laws in some states require a lessor (i.e., the person who is renting out his property) to make additional written disclosures, including disclosures about the condition of the dwelling, the building, the neighborhood, the environment and any other known problems. Certain cities and municipalities may have additional disclosure requirements that will need to be included. You should consult with a real estate agent or attorney in your area to determine what additional disclosures, if any, are required in your state or locality. Even if these disclosures are not required by law, a Tenant may still request that they be made, and may negotiate to make them part of his agreement.

 Laws vary from time to time and from state to state. These forms are not a substitute for legal advice. These forms should be considered only a starting point, and should not be used or signed before first consulting with an attorney to ensure that they address your particular situation. An attorney should be consulted before negotiating any document with another party.

 The purchase and use of these forms is subject to the “Terms and Conditions” detailed at www.findlegalforms.com .

Information

Month-to-Month Lease Agreement

Whenever a landlord (who may be the owner of an apartment building, condominium or residence) rents a unit to a tenant, an agreement should be written and signed by both landlord and tenant and should set forth the terms to which the parties have agreed. Such a document is generally called a lease or rental agreement. Many states consider oral agreements regarding the rental of real property to be invalid; these states require a written agreement.

Generally the lease or rental agreement is for a fixed term (e.g., six months or one year), which means that the landlord and the tenant are contractually bound for the duration of the lease term: the tenant must continue to pay rent to the landlord and the landlord must continue to allow the tenant’s occupancy of the premises. In a month-to-month lease, both parties are permitted greater flexibility than in the longer-term leases. Either party may terminate the agreement by providing written notice, which notice must usually be at least 30 days. This flexibility may benefit both parties. For example, if the premises are in an appreciating rental market, the landlord may elect a month-to-month tenancy so that she has the flexibility to adjust the rent. A tenant may choose a month-to-month tenancy if he has uncertain future plans.

Most states have specific laws relating to residential leases, primarily directed at protecting tenants from dishonest landlords. In addition, states have detailed laws addressing the amount and maintenance of security deposits. For example, some states require that a security deposit be held in an interest bearing account and that any accrued interest be given to the tenant at the termination of the lease. States also vary in regulating how quickly a landlord must return a security deposit to a tenant (e.g., within 30 days after the termination of the lease). Landlords should be familiar with the laws of their state. The chart at the link below provides detailed information about the rules relating to security deposits for each state, as well as explaining the time lines and other requirements for keeping and or returning a security deposit. See http://www.findlegalforms.com/public/RENT/DEPCHRT.doc

Some states require that the landlord and tenant conduct an inspection of the premises to be rented either before physical occupancy of the property by the tenant or before the lease is signed by either party. A joint inspection form, in which landlord and tenant agree as to the presence and condition of items in the apartment and the apartment itself, is useful to document the inspection and can help avoid problems or misunderstandings at the end of the lease term. Even if a state does not require a joint inspection, it is a good idea to complete one for the protection of both parties: a joint inspection can help the landlord justify any security deposit deductions, if warranted, or can demonstrate that certain property damage predated the tenant’s occupancy.

If more than one tenant signs the lease, each tenant may be held responsible for all of the obligations under the lease if the other tenants don’t perform their obligations. In other words, a tenant may be held responsible for the entire rental amount if his co-tenants do not pay their share.

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention. The Environmental Protection Agency's pamphlet entitled "Protect Your Family From Lead In Your Home" can be found at: http://www.epa.gov/opptintr/lead/pyfcameraeng.pdf and at http://www.hud.gov/offices/lead/outreach/leapame.pdf. Additional information can also be found on the EPA site at: http://www.epa.gov.