Creating a Lease

What to Consider When Creating a Lease

In this video, Attorney Brian Freeman discusses things you must consider when creating a lease. Contact one of our experienced landlord tenant attorneys in Jersey City to help you through the process.

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The landlord must draft a lease very carefully because the purpose of that lease is to provide protection for the landlord. Without a lease, a tenant is not obligated to abide by any rules or regulations other than the timely payment of rent. It is a big mistake for any landlord not to have a lease. A lot of landlords think – erroneously – that having a lease somehow helps the tenant. That’s false.

You must make sure that your lease includes language that prevents such conduct as having pets, if that’s what you wish to do. You may prohibit smoking, loud music at times that are after normal hours, and even set the terms for when the rent is collected. If the rent is going to be late, the lease must clearly state when the late period begins. Late charges have to be stated in the lease, and they have to be deemed to be additional rent. That’s a very important factor. An additional rent clause must be included in every lease. Without the additional rent clause, you cannot seek to recover those charges in Landlord-Tenant Court as part of the rent.

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Out of Town Legal Resources

I talked to a couple in New York recently who had questions about creating a lease. We practice in New Jersey, but we found these landlord tenant attorneys in New York that provide a lot of great online educational resources. If you have questions about creating a lease in New York, take a look at this law firm in Orchard Park, NY.