Whether you manage properties and rents full-time or only rent out one home as a secondary source of income, you’re expected to know it all as a landlord. Whatever the situation, there is frequently one area where people are unclear: what distinguishes a lease from a rental agreement?
Lease agreements and rental agreements are frequently used interchangeably to refer to the same item. But the terms can be used to describe two different kinds of contracts. Leases and rental contracts are both enforceable legal transactions. But each has a very distinct function. The fundamental distinctions between a lease and a rental agreement are covered below.
What is a Lease Agreement?
Many landlords demand that their tenants sign lease agreements prior to moving into a rental home. A lease is an agreement between a tenant and landlord that grants the renter the right to occupy a rental property for a predetermined amount of time, usually six or twelve months. The lease is a binding agreement between the landlord and the renter.
Residential leases are agreements between a landlord and a tenant that specify in detail the obligations of both parties, including rent, pet policies, and the length of the lease. Both parties’ best interests can be secured by a solid, carefully thought-out, and well-drafted lease contract because neither can change the terms of the agreement without the other’s written assent.
A lease agreement offers a predetermined length of tenancy, usually from six months to a year.
What is a Rental Agreement?
Lease agreements and rental agreements have a lot in common. The length of the contract is the primary distinction between lease agreements and rental agreements.A rental agreement offers tenancy for a shorter period of time—typically 30 days—than a long-term lease.
Rental agreements are typically “month-to-month” and, unless otherwise specified by the tenant or landlord, automatically renew at the end of each term period (month). A rental agreement gives both the landlord and the tenant the option to modify its terms at the end of each month-to-month period.
Rental and lease agreements might differ in flexibility and structure. For instance, some lease agreements might stipulate a pet policy for the rental unit, while others might add a separate addendum with additional terms and conditions, such as those governing loud noises.
Laying out rental and lease agreements, here are some of the need-to-be included items:
- Renters’ names and addresses, as well as how to reach them.
- Name and address of the landlord
- Type of tenancy and its duration
- Rent rates, security deposit amounts, and payment terms
- Details on who is responsible for making utility payments
- Fees for dogs, parking, or any other pre-agreed additions
- Entrance privilege
- What acts are considered unlawful and disruptive?
- The premises have been damaged and altered.
This list, while highlighting numerous everyday goods, is by no means complete. Depending on the state, landlords might need to disclose things like asbestos, mold, and registered sex offenders on their leases or rental contracts. Always make sure to follow all applicable local, state, and federal laws when drafting your lease or rental agreement.
Pros and Cons on Lease and Rental Agreement
Depending on the type of landlord-tenant relationship you’re looking for, the benefits and drawbacks of any particular contract fall into a few different categories.
Pros of Lease
A lease can be your best option if consistency is your top goal. Because they are designed for secure, long-term tenancy, leases are frequently preferred by landlords over rental agreements. A more stable rental income stream and lower turnover expenses may result from renting to a tenant for at least a year.
Cons of Lease
Having said that, the rental price is fixed for the duration of the lease once it is signed. A fixed rental price for 12 months could mean you lose out on a sizable amount of additional income from market increases in a region that is developing and where property prices are steadily rising.
Although a lease is a fantastic option for landlords seeking a steady income, it could have a detrimental influence on profitability if the value of the property increases during that year.
Pros of Rental
A rental agreement’s short duration gives tenants much more latitude when it comes to rent increases. As long as rent increases adhere to local legislation and the notification requirements that control the month-to-month rental, technically, rent can be changed monthly with a rental agreement to stay in line with the current fair market rent.
It’s crucial that your tenant is aware that a rental agreement gives the landlord the right to raise the rent amount from month to month. For a tenant who can’t commit to a 12-month lease term, a rental agreement is suitable. It might make it easier to find many qualified tenants for short-term rentals, which might be in high demand close to universities or large hospitals.
Cons of Rental
The flexibility of a month-to-month lease, which could subject a renter to frequent rent increases or indefinite renting durations, may scare away a tenant seeking a long-term lease. The expenses associated with more frequent tenant turnover, such as those associated with advertising, screening, and cleaning, should also be considered by landlords. Furthermore, if your rental is situated in a neighborhood with lower occupancy rates, you can find it challenging to maintain a long-term tenant.
For landlords that value flexibility, a rental agreement might be a smart choice, especially in places with frequent tenant turnover, like college cities.
The choice between renting vs. leasing boils down to stability vs. flexibility. Before you sign anything or hand over a security deposit, it is always advisable to ask any concerns you may have regarding the conditions of a lease or rental agreement. It’s crucial to understand the specifics of your lease or rental agreement if you’re new to a city because different cities and states have different real estate laws and customs.
Contact Us now to help you with your Property Management needs.