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How to create a valid rental agreement

On Behalf of | Oct 23, 2019 | Landlord/tenant Matters |

When a tenant leases a property, he or she will generally do so under the terms of a rental contract. The rental contract will spell out the rights and obligations of both parties throughout the term of the lease. It must also contain the start and end date of the contract as well as the monthly rental rate. In North Carolina, the lease can be either written or verbal. However, the best practice is to have a written lease signed by the landlord and all tenants.

Tenants enjoy several basic rights such as the ability to sue their landlords and to recover some or all of their security deposit after they vacate the property. They also have the right to live in a safe and quiet property, and a landlord may not put language into a contract that waives any of these rights. Ideally, a lease will contain as many details as possible to prevent misunderstandings between a tenant and landlord.

These details may include where a tenant is allowed to park, how many guests are allowed over and whether pets are allowed in a unit. Leases should also specify how much a tenant will pay for the right to have a pet in his or her apartment. For a contract to be valid, both parties must be legal adults who are of sound mind to enter into a binding agreement. Other factors may influence whether a person is deemed fit to sign a lease agreement.

While it is extremely rare, it is possible that a lease could be deemed invalid. If a lease were deemed to be invalid, a tenant may not have an obligation to pay rent or other fees levied by a landlord. Furthermore, the landlord may have no future obligation toward a tenant. If there are issues related to a rental agreement, it may be a good idea to speak with an attorney. Doing so may make it possible to resolve the matter in a timely manner.

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