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Although it might seem like a hassle to create a written lease agreement, having one is critical to protecting your rental property. Generally, any agreement that is for longer than one year has to be in writing. A lease provides a list of legal obligations for both the landlord and tenant and spells out a number of important other details. It provides the foundation for the rental relationship.
A lease refers to a set term, often a year; whereas a rental agreement generally renews at the end of the period unless either the landlord or tenant ends it with proper notice.
Real estate leases are essentially made up of clauses that address specific subjects regarding the rental relationship. Each state has its own rules for what clauses or elements to include in a lease agreement. Some of the most common clauses required in a lease agreement in every state include:
While these clauses cover the basics, it is important to that the lease include more provisions to cover potential issues regarding your particular property. Depending on where the property is located, you may also have to include clauses required by your local government.
Generally, a deed is required to change ownership to real estate. Some examples include:
Possibly. A title change can trigger a tax reassessment. However, in many states, certain transfers do not result in reassessment, such as transfers to or from a revocable trust or between family members, such as transfers between spouses or between parents and children.
No. There are special rules for property sales which must be followed depending on the county in which the property is located. If you are selling property, we recommend contacting an attorney, escrow company or title company to process the sale.
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Real Estate Forms – Create a Residential Lease or Property Deed with LegalZoom
A residential lease agreement is a contract between a landlord and tenant(s) spelling out the details of an agreement to rent residential real estate. Lease agreements are important because they protect the landlord and their property by minimizing disputes by establishing the obligations of both the landlord and tenant. A real estate lease agreement typically includes the lease term, the amount and frequency of rent, the amount of the security deposit, charges for late payments, maintenance and insurance obligations, and other important details. When you create a real estate lease with LegalZoom, you can personalize your document to fit your specific circumstances. Whether you are renting an apartment, a house, or a room in your house, your apartment lease agreement or rental lease agreement will be based on your particular situation. LegalZoom can also help you create a property deed that allows you to add or remove a person's name from your property title, gift the property to a loved one, or place your property in a living trust. Property deeds contain a description of the real estate, names of the parties, and signature of the person transferring the real estate. LegalZoom offers three types of property deeds: a quitclaim deed, a warranty deed, and a grant deed. A quitclaim deed transfers any ownership rights that the transferring party has on the property to the new owner. With a warranty deed, ownership is transferred from one person to another in which the grantor promises that title is good and clear of any claims. A grant deed transfers ownership and promises that the property hasn't already been transferred to someone else. LegalZoom can help you create a residential lease or property deed online quickly and affordably.