9 Critical Rental Forms Residential Landlords Need

9 Critical Rental Forms Residential Landlords Need

Landlords often find the required paperwork daunting. Here are the 9 critical rental forms residential landlords need.

Besides listing required rental forms, we explain them to you.

 

KEY TAKEAWAYS

• Suggests 9 critical rental forms residential landlords need with explanations.
• Provides hyperlinks to useful resources to better understand the rental forms.
• Protects you from lawsuits and government penalty traps.

Before providing you with the list, we must explain why you need them. Clear-cut documentation is essential for every business. Your work as a landlord gets easier to keep track of your tenants, collect and record deposits and rent payments, evict tenants, and manage your rentals.

Read why each form is essential and how they make your work efficient.

Why Do Landlord Residential Forms Matter?

 

These forms will keep your business organized. Also, they provide you with written records you will need to file an eviction lawsuit, defend against a tenant’s lawsuit, satisfy government regulations, and pay your taxes.

Thus, these forms help you as a landlord with:

• Accountability and clarity;
• Proof of rental conditions & notices to protect you in lawsuits and against tenants’ false claims;
• Uniformity amongst forms to keep you organized and make filling them out easier; and
• Recordkeeping for tax purposes and sound business practices.

 

9 Critical Rental Forms Residential Landlords Need

 

Now, let’s explore the important landlord forms you must use.

Self-managing rentals can waste time and lose money without these essential forms.

 

1. Rental Application

 

It begins with your application form for prospective renters. The information that applicants provide you within this form gives you essential details about them and their potential as good tenants.

Tip: Too many online and office supply store rental application forms leave out important questions.

Creating a proper rental application form ensures you won’t forget to ask crucial questions. Their answers help you screen out bad from good applicants. Also, no one can later claim discrimination if all questions remain the same for every applicant.

Tip: keep the rejected applications with a note of why you rejected them. This protects you in case a reject sues you for violating federal and/or state anti-discrimination laws.

Read our useful articles about rental applications like:

• “How To Screen Tenants”;
• “How to Do Tenant Background Checks”;
• “How to Thoroughly Evaluate a Prospective Tenant’s Credit”;
• “10 Things Landlords Should Know About Their Tenants”; and
• “How To Tell A Tenant They Can’t Move In”.

 

Understand Anti-Discrimination Laws

 

While not a form, knowing these laws will keep you from lawsuits claiming discrimination and government penalties.

You must understand the federal and state Fair Housing Laws and what amount to illegal housing discrimination. Avoid costly lawsuits and government fines.

The Federal Fair Housing Act applies to all 50 states. It prohibits discrimination based on:

• Age;
• Disability;
• Family status;
• Gender;
• National origin,
• Race;
• Religious preferences;
• Sexual orientation; and
• Skin color.

California also prohibits the above. In addition, California prohibits landlords from asking about citizenship or immigration status on rental applications.

Read our helpful article about “California Fair Housing Laws”.

Also, learn “How To Comply With the California Sex Offender Disclosure Law”.

 

2. Lease Agreement

 

Lease agreements are legally binding contracts containing all the duties and conditions for each party. The terms must provide the rental location, period, rent amount & when paid, penalties for late payments, and how all parties must act.

Rental agreements should detail every potential issue. An un-signed rental agreement creates an oral contract that any party can claim different terms and conditions that the other party can deny. A true legal nightmare!

Tip: Keeping a signed rental agreement recorded assures accountability for all parties. So, once signed file the hard copy in a safe place. Likewise, scan a digital copy as a backup in case the original becomes lost or damaged.

Lease amendments modify the original agreement requiring they be signed and kept in a safe place. This becomes part of the original agreement and is a valid legal document.

Learn more about lease agreements by reading our articles:

• “What to include in your California Lease Agreement”;
• “6 Things You (And Your Landlord) Must Know Before Signing Rental Lease”;
• “California Security Deposits | Everything You Need to Know”; and
• “Must Landlords Allow Emotional Support Animals?”.

 

3. Co-Signer Agreement

 

Sometimes, a promising young applicant doesn’t have the income to pay the rent. He or she may suggest a family member or friend will make the payments instead.

Tip: A co-signor agreement can solve the problem. Remember, you have the option to accept or reject the co-signor after qualifying the person as financially sound to make the payments.

The co-signor agreement makes the parent, relative, or friend legally liable to make all payments promptly if the tenant can’t.

 

4. Rental Inspection Form

 

Before the tenant moves in, conduct a walk-through inspection with the tenant to observe the condition of the property and everything included (appliances, furniture, fixtures, etc.).

It’s a checklist of every item and condition that you and the tenant sign and date. It comes in handy when the tenant moves out to verify that everything remains and is in the same condition (minus normal wear & tear).

If anything is missing or broken you can deduct the replacement or repair costs from the deposit before returning it.

Tip: take photos or a dated video showing all items before the tenant moves in. This will serve as proof in case the tenant disputes your deposit deductions.

 

5. Sub-Leasing Form

 

Sometimes, a tenant may want to temporarily leave the unit and sublease to another person. Your lease agreement should prohibit subleasing without your written consent. 

If you choose to agree, you need a sublease form specifying who will live there and pay the rent.

 

6. Notice to Enter

 

When you need to enter the property for maintenance or repairs you must follow the wording in your lease agreement.

Most states require a notice to enter for the tenant prior to a set number of days before you can enter. Even if not required, it’s a courtesy to do it.

Exceptions exist for emergencies such as fire or flooding. Read our article explaining “How To Handle Tenants Emergencies”.

Also, view our important explanation of “Landlord Right of Entry in California”.

 

7. Non-Renewable Lease Notice

 

Use this notice when you decide you don’t want to renew the lease when it expires. It legally tells the tenant that he or she must leave when the current lease expires.

This is a non-confrontational way to find new tenants before the lease expires.

Tip: You must follow state and local laws about any required advance notice of a lease non-renewal.

 

8. Lease Renewal Letter

 

Send your current tenant a lease renewal letter if you want to offer an extension or lease renewal. This formalizes your intent and gives your tenant the chance to accept it or give you notice of intention to vacate when the current lease expires.

Your letter should include:

• Renewal lease notice date;
• The expiration date of the current lease;
• Length of the renewal lease; and
• Rent amount for the new lease agreement.

 

9. Eviction Notice

 

Always prepare for the worst. Tenants may lose their jobs, make bad investments, get divorced, or face other reasons to not pay the rent. Property damage or illegal activities by a tenant also may force you to evict.

Tip: State and local laws require landlords to give proper legal notice to either pay what’s owed or face eviction. You must record when the notice was served or posted and contained the required information. Keep all eviction paperwork on file.

By law: Tenants are given a specific period to either vacate or pay the rent fully. Only after that period ends can you file an eviction lawsuit with a local court.

California calls it a Notice to Pay or Quit (pay the rent or move out). The number of business days to pay or move out is set by California law from 3 days up to 90 days depending on different circumstances. The hyperlink page above explains them.

Read our helpful article “What to do When Your California Tenants Pay Rent Late”.

Tip: You may need to hire an experienced real estate lawyer to handle the eviction lawsuit.

Also, read our helpful article: “How to Evict a Tenant in California”.

 

9 Critical Rental Forms Residential Landlords Need – Conclusion

 

Our 9 critical rental forms residential landlords need is only a summary. Plus, there are always other documents you may need as new issues arise.

To Summarize, our 9 critical rental forms are:

1. Rent application for prospective tenants;
2. Lease agreement containing an agreement to all conditions and terms;
3. Co-Signer agreement when your new tenant has income issues requiring another person to guarantee all rent payments which you approve;
4. Rental inspection checklist when a before occupancy walkthrough lists every important item included and their current condition signed and dated by the parties;
5. Sub-Leasing form when you approve a temporary sublease with another tenant who will occupy and continue paying the rent;
6. Notice to enter the property to make repairs and do maintenance given to the tenant in advance of entry;
7. Non-Renewable lease notice sent to the tenant before the lease expires;
8. Lease renewal letter sent before the lease expires informing the tenant of your intent to extend or renew the lease and the lease amount; and
9. An eviction notice is known in California as a Notice to Pay or Quit.

Beware: Online and office supply store rental forms do not work in all 50 states. Thus, either hire a local real estate attorney or a professional property management company that knows how to produce the forms.

 

If You Don’t Want to Self-Manage Your San Diego Rentals

 

As you just read, these forms are plentiful and filled with legal traps you don’t want to fall into. Don’t rely on standard forms found online or in office supply stores as they don’t follow your state and local laws.

If you own or intend to buy residential rental properties in San Diego County you can manage them yourself. Or, because of the many rules, laws, forms, and time involved, you may choose to hire a professional property management company to do it all.

 

Choose The Best Property Management Company in San Diego

 

WeLease Property Management Company was voted the Best Property Management Company in San Diego for 2022 by the readers of the San Diego Union-Tribune newspaper. Read all about it in our recent post:

 

“Best Property Management Company In San Diego 2022”. 

WeLease Property Management Company provides you with all (or some) of the many landlord tasks to save you time. We can handle single-family rental homes, condos, townhouses, and all other multi-family rentals including large apartment complexes throughout San Diego County.

Contact us to learn about our services whether you are an existing residential rental owner or planning to buy rental properties in San Diego County. We can help you!

 

Steven Rich, MBA – Guest Blogger

 

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