Change Log

820408237.2265

Tenant now consents to communication via text message with Landlord and agents.
Updated list of Tenant maintenance to include cleaning dryer vents.
Clarified that no "pet sitting" is allowed when no pet clause used.

12226129.4083

You don't need to work around Tenant's schedule to enter the property (avoids Tenant keeping you out because they're never home).
Tenant must let you know of dangerous conditions / problems (can't fix what you don't know).
Few clarifications and formatting issues.

82201081.2237

You can now set the late rent fee (must be "reasonable" ex. $25.00).
Tenant must tell you if problems with smoke alarms (must have 10-year batteries after January 1, 2023).
Included term letting you charge for your labor (assuming Tenant responsible for damage/repair).

42201054.4921

If you agree to an assignment once, it doesn't mean you'll agree to another. Tenant must get your permission each time.
Tenant acknowledges that property was clean when moved in. Clarified Tenant must keep it this way.
Tenant lost keys (twice) and wanted new locks each time. Now, if new locks need installed - due to no fault on Landlord - then is on Tenant.

32230041.2257

Revised late rent term (no charge if rent paid within 5 days of being due; then $25 "late fee" + $5 / day late).
Added term that any minor living at the property who reaches 18 yrs old becomes a guest of the Tenant (unless you add him/her to lease).
Changed how notices can be delivered (written or verbal) when telling a Tenant you'll be entering the property (before, arguably you need to serve like other notices - takes too long).

62231049.2318

If Landlord makes utility payments on behalf of Tenant, then Tenant shall reimburse Landlord ASAP (sometimes Landlord pays when Tenant doesn’t because some towns put owner on the hook).
Makes Tenant personally liable for any damage to personal property if exceeds - or not covered by - renter’s insurance policy.
Clarified that for annual lease, payments must be in equal monthly installments (one Tenant argued had entire year to pay).

92201035.8377

New term requires Tenant to keep a minimum heat of 55 Fahrenheit (avoids freezing pipes if Tenant turns off heat when gone for the week).
Clarified that the property is for single family residential use only (emphasized single family).
Included term that Tenant can't "license" the property (keeps our short-term rentals).

32202014.8443

Added term that limits use of utilities if Landlord pays them (and puts Tenant on the hook if "excessive use" occurs).
Restricts who can work on the rental property without Landlord's consent (don't want your rental becoming a failed DIY project).
Clarified that security deposits held for the same Tenant under an old lease will be carried over (because you *better* use a new lease each time).

72201011.5092

Revised smoke detector clause to include carbon monoxide detectors. Here's the deal: Landlord must install, Tenant must maintain.
New term includes the non-discrimination language from Federal and State laws.
Tenant can't add structures or portable buildings to the Property without your consent. Response to portal shed left behind by the Tenant. This cost the Landlord *lots of* money to move.

22130114.7728

Tenants won't get the security deposit back if they move out before the lease expires. Even if the Landlord agreed to let them go.
Tenants can't short-term rent the property without Landlord's consent. If they do, they must fork over the money. A California court made a Tenant turn over $200.000+ to the Landlord on similar facts.
No real estate brokers are involved. If so, the Tenant pays them - not Landlord. And if the Landlord is a broker, they don't represent the Tenant on this deal.

52131108.3822

Clarified that Tenants cannot add other people to the Lease without Landlord's consent.
Added that Landlord can forward Tenant's mail to address for service of notices in the Lease.
Created term that violation of building codes isn't a breach of the Lease by Landlord (so long as not hurting Tenant's use of property).

12101093.2214

Amended term to include that Tenant has written consent from all necessary parties to enter into the Lease (Kentucky Tenant tried getting out of lease because he signed on behalf of another party).
Revised term where Tenant knows that no other alterations or changes are needed to satisfy their needs.
Added that Landlord can enter the property without notice/consent for emergencies.

82131082.7710

New term that Tenants agree to apply for COVID rental assistance if behind on rent (often need Tenant's cooperation if want Uncle Sam to help pay late rent).
Added plumbing section where Tenant must keep drains clean and free of debris (Ohio Landlord was sued for water damage even though it was caused by Tenant's stuff in the pipes).
Clarified that Tenant is not allowed on the roof for any reason (one Landlord had a Tenant on the roof looking for a leak.)

52131079.2143

Included term stating that Tenant alone has control over animals, that Landlord has no knowledge of dangerous propensities, and that Tenant shall hold Landlord harmless if animals causes damage to persons or property (New York case where Landlord sued for "knowing" Tenant's animal was a problem).
Added gnats to the list of infestations which must be reported to Landlord (one Landlord had a gnat problem spread to unit next door when infested unit was ignored for too long).
Created language prohibiting propane torches of any kind (we've heard from a few Landlords finding these in vacated units.)

62130064.8829

Created option to set the "smoking fee" when Tenant smokes on the property (of course, this only applies if smoking is prohibited).
Added option to select the types of payments you wish to receive (ex. cash, check, PayPal, etc.).
Revised "pet fee" to give you more options to dictate the financial terms when a pet is on the property.

22101063.2239

Amended abandoned property provision to include that anything left on the property after the date for an Order of Possession will be considered abandoned (Legal Plan Member left dealing with Tenant's personal property after gaining access from a Court's Order for Possession).
Included provision that a Tenant has no authority to act, bind, or otherwise represent a Landlord. (Legal Plan Member had a Tenant writing notes and placing on adjacent unit's door saying the message is from the Landlord).
Created provision clarifying that no legal relationship exists between the Landlord and Tenant other than as landlord/tenant. (Avoids potential claims that Landlord and Tenant were working together; thus, holding Landlord liable for Tenant actions).

42130041.2249

Revised locks provision to give Tenant option to change or rekey locks; provided, however, the Tenant gives Landlord duplicates prior to installation. (Ensures Landlord avoids liability if fails to change the locks after previous Tenant and theft occurs with new Tenant).
Extended language to include further deductions against the security deposit (ex. pet damage, removing abandoned personal items, etc.)
Included provision that Tenant acknowledges having had an opportunity to review the lease with an attorney, freely/voluntarily entering into the Lease without coercion, and accepting the legal consequences thereof.

22101047.8816

Added clause that allows Landlord to install security cameras in common/exterior areas so long as not installed in a location where a Tenant would have a reasonable expectation of privacy. (Many Landlords are installing security cameras to improve the safety and security of the rental property; this ensures they have the Tenant’s “informed consent” to do so.)
Clarified that Tenants are responsible for any damage or loss to the premises resulting from the Tenant’s use of the property.
Updated provision to permit Landlord to assign the lease without the Tenant’s knowledge or consent. (Will not need the Tenant’s permission to assign the lease if you sell the property.)

72101036.5596

Created language that prohibits “hoarding” by a Tenant (Hoarding is considered a mental disability and Tenants who suffer from this are protected under Fair Housing laws. Response to New Jersey case regarding this issue.)
Amended non-waiver provision to require waivers be made in writing and signed by Landlord. (Further limits ability of Tenant to argue that Landlord waived right to enforce provision of lease.)
Extended the definition of “nuisance” to include threats to the comfort and safety of others. (New York case dealt with the Judge’s interpretation of the definition of “nuisance” as used in the lease.)

1130021.8427

Revised renter’s insurance provision to clarify that Landlord is not liable for any loss or damage caused to personal property. (Prevents Landlord from being liable if Landlord’s insurance doesn’t - and it likely wont - cover the Tenant’s loss.)
Included COVID-19 provision that if there is a delay in performance of any duty or obligation under the Lease, then the parties shall make a good-faith effort to fulfill their respective duties as soon as reasonably practical. (This applies to rent payments, maintenance and repair visits, etc.)
Added provision that there are no special arrangements between Landlord and Tenant for the exchange of services which impact the Tenant’s duty to pay rent. (Vermont Tenant provided maintenance on behalf of Tenant, then argued that his rent should have been lowered.)

7030121.3917

Included clause creating a duty on Tenants to maintain certain aspects of HVAC systems and prohibited space heaters (and related alternative heating sources) without Landlord’s written consent.
Updated language clarifying that the terms of the Lease are not intended to circumvent or otherwise alter any legally binding rule or procedure (Delaware court faced whether lease terms controlled over state laws. Clause acknowledges that State law prevails to avoid risk of entire lease being in jeopardy).
Clarified that if Tenant is under a month-to-month Lease, then Tenant is responsible for utilities, rent and other terms of the Lease until the expiration of the 30 day period).

8030118.4821

Created provision limiting Landlord’s liability for criminal conduct of other tenants. Also stated that Landlord has no duty to conduct a criminal background check. (Texas tenant attempted to hold Landlord liable for acts of another Tenant and impose duty to conduct background checks).
Updated clause to show that any notice of unauthorized use of the property need only contain sufficient information to reasonably inform the tenant of the purported violation. (Washington, D.C. tenant argued that Landlord’s notice failed to detail the specifics for the alleged violation).
Clarified that if the Landlord is an entity, then the individual signing the Lease does so in his/her capacity of an agent and does not agree to personal liability for the Lease. Avoids Tenant arguing that individual signing is personally liable when signing on behalf of a company.

42030109-2319

Included language permitting Landlord to make reasonable inquiries when Tenant requests accommodation for an emotional support animal. (Indiana Landlord's request for information was ignored, so denied the request. Tenant sued but Court held that the Landlord could gather enough information for a meaningful review of the facts).
Added language prohibiting smoking within 15' of certain areas of the property (response to "smoke free" laws).
Clarified that a Tenant's use of common areas is for ingress/egress or other permitted purposes only. Restricts Tenant from using common areas for storage or other unacceptable uses which cause a threat to the health, safety or welfare of others.

9001109-0492

Removed option for legal notices to be served by electronic media (Delaware Tenant argued that an email exchange with the Landlord constituted sufficient notice.). This change insures that a Facebook message (or similar method) is insufficient for serving notices required under the Lease.
Clarified that rent payments will not be considered delivered until Landlord has actual receipt of the money (Tenant argued that rent was left in a lockbox - Landlord found no money in the lockbox). Now, until rent is in the Landlord’s hands or bank account, the rent will not be considered delivered.
Included new provision that section headings within the Lease are for reference only and shall not be used to interpret any term of the Lease.

401094-1328

Added provision that Landlord reserving the right to enter the property for inspections and repairs does not unreasonably interfere with Tenant’s quiet enjoyment and use of the property (response to Virginia case alleging that because Landlord can enter the property, Tenant did not have the quiet use and enjoyment).
Clarified that Landlord could sue for damages above and beyond the security deposit (response to Tennessee case where Tenant argued that Landlord couldn’t ask for more than security deposit).
Updated provision to insert the amount of non-refundable pet fee.
Included language prohibiting swimming pools and hot tubs without Landlord’s consent

602973-7248

Created provision requiring Tenant to immediately notify Landlord of any condition or defect to the Leased Premises that reasonably poses a threat to the health, safety or welfare of the public (response to Ohio case finding Landlord not liable given that Tenant was aware of a condition yet failed to notify Landlord).
Added provision that Tenant shall not remove any part of the Leased Premises (i.e. fixtures, chattel or other personal property) after lease expires or is terminated (Texas court addressed Tenant’s duty - or lack thereof - concerning property located on the Leased Premises).
Clarified that Tenant is receiving only a leasehold interest (avoids Tenant arguing their interest in the real estate is anything other than a temporary, leasehold interest).

102868-2419

New feature giving Landlord option to select whether or not pets are permitted, plus ability to set refundable/non-refundable pet fees.
Updated provision that Landlord is not responsible for consequential damages caused to Tenant’s person or property resulting from bug infestation (response to recent New York case dealing with damage caused to Tenant’s property after bed bug infestation).
Clarified that any statements made by Landlord regarding average utility costs shall be deemed estimates only and Landlord does not warrant or otherwise guarantee utility charges despite previous bills.
Included provision that time is of the essence, meaning that failing to comply with deadlines in lease constitutes a material breach of the Lease.

902753-2384

Added that Tenant shall not “self-remedy” rodent or bug infestations without Landlord’s prior express written consent. Also included that Tenant shall immediately notify Landlord upon discovering evidence of such infestation.
Included provision that Landlord shall not be required to maintain a common area in an ideal or most accessible condition, but only obligates a Landlord to ensure that common areas are fit for their intended use (response to a recent Michigan court case where Tenant alleged that Landlord did not maintain common areas in the “best possible” condition).
Clarified that Landlord makes no express or implied warranties concerning the condition of the Leased Premises. Further reaffirms that Tenant has inspected the Leased Premises prior to signing the Lease and that such is fit for its intended purpose.
Changed document name from “Residential Lease Agreement” to “Residential Lease” - cleaner title.
Updated provision at end of document to include Landlord and Tenant rather than “parties.”

702642-7194

Drafted provision requiring unanimous consent from the remaining Tenants if one Tenant attempts to assign or sublease the property (ex. two roommates on lease and one wants to leave by assigning their interest to another party, grants the “remaining” tenant the right to prohibit the assignment if doesn’t approve of the prospective tenant).
Clarified that mere existence of a landlord/tenant relationship does not grant Landlord the authority, ability or opportunity to control behavior of tenants (this language was included as a response to a recent New York case holding Landlord liable for one tenant harassing another).
Included new section where Tenant represents and warrants to Landlord having full legal authority to entering into the Lease (i.e. of lawful age and under no legal disability) and that Tenant is capable of fulfilling all obligations of the Lease.

203313-7236

Clarified that “no pets” includes animals that are confined exclusively to a cage or tank (ex. fish, hamsters, etc.).
Added clause that Tenants acknowledge having not relied upon any information contained in advertisement concerning the Leased Premises. The clause further provides that the Tenants have had the opportunity to inspect the property prior to signing the Lease and that they find the property to be in an acceptable condition.
Included provision that Landlord shall have no duty to immediately respond to Tenant communications absent a written agreement to the contrary, but that Landlord shall respond in a timely manner.

802826-7317

Included language that prohibits running a business, retail or commercial space at the rental unit without Landlord’s prior express written consent.
Clarified that the lease contains the exclusive and full understanding between the parties and that no other purported agreements will be considered.
Added a clause stating that Tenant acknowledges being informed of the service areas which are included in the utilities paid by Tenant. And if the Tenant is required to pay utilities for a common area or area shared by a neighboring unit, then Tenant waives any duty of Landlord to provide prior utility bills relating to the same.
Amended language clarifying that any litigation must be filed in the State court of the County where the real estate is located.

303113-4993

Inserted provision that Tenant’s use of the Leased Premises is further subject to any easement, restrictive covenants, conditions (whether private or public) to which Landlord is subject to.
Included language releasing Landlord from liability for a Tenant’s allergic reactions resulting from pets of former or neighboring tenants

8061443-1193

Updated notices to the year 2020 (and inserted software to automatically insert this moving forward).
Edited Tenant/Tenants designation in Tenant Responsibilities Section.

89221293-1843

Created provision for Pests & Bed Bugs in which Tenants acknowledge that Leased Premises is free from pest and bed bug infestations prior to occupying the Leased Premises. Section also certifies that Tenant has reviewed EPA bed bug pamphlet.
Included “Communication” provision whereby Tenants authorize and consent to Landlord contacting them by phone, email or social medial (eliminates threat that Tenant argues Landlord violated certain communication laws by contacting via a certain medium without written consent).
Inserted new provision expressly providing that Tenants forfeit Security Deposit to Landlord, with limited exceptions, if Tenants vacate the Leased Premises prior to expiration of the Lease Term.

5930113-1223

Added obligation for Tenant to list Landlord as having an additional interest on all renter’s insurance policies (ensures that Landlord will be notified if the Renter’s Policy is unpaid, lapses, canceled, etc.).
Created ability for Landlord to dictate the “non-refundable smoking fee” if smoking is permitted on the Leased Premises.
Corrected language related to Tenant’s obligation to pay Landlord for certain legal expenses for enforcing the Lease.
Included anti-subrogation clause, provided that this does not adversely effect insurance.

5927103-1275

Created provision that Landlord is not obligated to accept rent payments from anyone other than a Tenant. Where required by law to do so, obligates third-party to sign document acknowledging that third-party is not a tenant and that a new tenancy is not being created.
Included provision prohibiting short-term rentals (Airbnb, VRBO, etc.) absent Landlord’s prior written consent.
Included Joint Drafting Provision where if an ambiguity arises, no presumption shall be raised against either party.
Clarified term in joint and severable liability provision regarding more than one tenant.

792491-1938

Clarified that a Security Deposit can be applied to the last month’s rent only upon express written consent by Landlord
Amended provision on attorneys fees ensuring Landlord can recover these fees if necessary to obtain legal counsel to interpret or enforce terms of the Lease
Updated sections regarding tenant’s right to terminate and governing law to reflect that the state in which the leases premises is located shall govern
Fixed interview dialogue to permit Landlord to insert the specific state the entity is located (if Landlord is an entity)

892582-1623

Amended Lead Paint Warning to clarify risks and rights associated with renting property built prior to 1978
Updated options for “utilities” paid by Landlord

891076-1432

Added feature to include names of minors residing at property
Inserted provision that Tenant will be responsible for damage caused to the leased premises or breach of the lease by any minor

291152-2231

Fixed tenant zip code in notice provision (error when including multiple tenants)
Clarified that rent payment is due on the first day of the month, irrespective of whether this falls on a weekend or holiday
Created "Month-to-Month" lease term option

49652-2294

Amended pets & animals provision to require Tenant to provide Landlord evidence of such legally recognized disability if Tenant claims that animal is a service or emotional support animal

492952-0033

Clarified that Landlord owes no duty to Tenant to regain access to the property if the keys are lost, stolen or misplaced. Tenant shall pay for locksmith, if necessary
Obligates tenant to sign estoppel certificate or other document stating that Landlord is not in default of the lease at any time, for any reason (assuming, of course, that Landlord is - in fact - not in breach). Often required by the purchasing party when buying a rental property.

792052-1923

Created parking provision setting forth rules, regulations

591655-1502

Added variable for how Landlord wants to receive rent (ex. mailed, paid in-person, custom answer inserted by Landlord)
Clarified tenant's current address in interview
Fixed entity address in notice provision and mail payment to notice
Removed requirement to "spell out" the State for party information
Create parking provision setting forth rules, regulations

091453-1882

Variable for Landlord (person or entity)
Added apartment/unit option to leased premises

290756-1032

Added drop down for multiple tenants; updated notice provision based on number of tenants.

390652-1823

Added Section for Special Provisions (handwritten ones that aren't included in the automated Lease)

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