Leases & Rentals - General FAQ

What are Leases and Rentals?

Leases and Rentals are legal documents that pertain to one party’s renting of a property of some sort from another party. In leases, the renting party is often known as the “Lessee” while the owning party is known as the “Lessor,” or in the case of commercial and residential property, “Tenant” and “Landlord.” In renting forms, the renter is simply known as the “Renter.”

Leases and Rentals are two sides of the same coin; in a lease, you’ll generally commit to a rental for a predetermined period of time. For example, in a Residential Lease Agreement, you’ll commonly be asked to make a commitment of 12 months of paying rent or more. In a Rental Agreement, the period through which you’re renting the property (such as a car) is more flexible.

What’s the difference between Leases and Rentals?

It’s important to remember that the type of property being rented out is not the sole difference. You can both rent and lease a car, for example. Generally, rentals will be taken for a shorter period of time than a lease; a lease typically represents a longer commitment of time and finances.

Because of those facts, the types of property handled by the different documents have certain tendencies. Leases tend to be used in the case of Residential or Commercial property – for example, renting out an office or an apartment for a year or more. Rental forms will be used for property that is not rented out for such a long period. For example, renting a moped to drive through a tourist attraction will not require that a lease be signed.

Additionally, each form will come with its own distinct provisions and responsibilities. When you lease, you generally assume some (but not all) risk connected with damage on the property. In short-term rentals, you’ll likely assume a greater amount of risk.

Why do I have to sign a lease? Why can’t I just rent something?

When you sign a lease, it typically represents a commitment that is like ownership, but is not in fact ownership. When you lease an apartment, for example, you assume responsibilities that you would not otherwise assume if you were simply “renting” one temporarily. You’ll be responsible for the maintenance of the property, for example. You’ll also have more freedom to use the apartment as you like, with certain limitations.

Is every rental, in fact, just a form of lease?

No, because the two types of agreements each have their own distinctions. Those distinctions are detailed in the answers above.

What kind of property can I lease?

Just about any type of property can be leased. Large property – such as commercial or residential property – can be leased. Smaller space – such as garage space – can also be leased. But you can also lease furniture, automobiles, charter boats, aircraft, etc. If there is someone out there with property that they are willing to lease to you, then you can likely find the lease you were looking for.

What kind of property can I rent?

Again, the options are virtually limitless. However, when you’re looking for long-term commitments on expensive pieces of property, you’ll likely be asked by the owner to sign a lease and not simply a rental form.

What kind of provisions should I watch out for when signing a lease?

Knowing what’s in a lease is all about knowing the property inside and out – and knowing your responsibilities while you use that property. For example, consider the fact that you’ll likely have to fill out an apartment checklist when moving into a new apartment. This checklist helps the owners know what condition the apartment started in so that they can compare it to the end of your lease and see how well you did maintaining the property. Understanding your responsibility to maintain property, as well as other limitations (for example, residential leases might not allow your pet) will be key in understanding whether or not you have a reasonable lease on your hands.

I’m renting some equipment while on vacation. Do I have to review the whole contract?

We recommend always reading everything you sign. But most businesses have standard rental forms that they’ll give you when you’re renting a piece of equipment – whether it’s an automobile or a jet-ski. It’s particularly important to review the whole contract when you’re dealing with a small business; the forms that large corporations use are far more likely to be considered “standard.”

When is a Lease or Rental form enforceable?

Both contracts will be enforceable once they’re validly signed. It’s important to pay attention to the dates listed on each form, however, to understand their enforceability better. For example, if you rented a car for one day and it was damaged the next day, it’s unlikely that your contract will be enforceable simply because the terms of that contract had already ended. Even so, each contract will continue to be enforceable in provisions that aren’t subject to the scheduling terms.

What are the requirements for a Lease or Rental form to be valid?

Both you and the company you’re renting/leasing from will have to sign the document in order for it to be valid. Generally, no witnesses will be required for these types of forms. You may have to initial certain provisions in order to prove that you approved of them. Other issues like your consent and willingness to sign along with consideration for both parties will be required to ensure that a valid contract has been signed.

When is a Lease or Rental form effective?

Rental forms are often effective from the moment they’re signed, since you will typically sign them at the outset of the rental period. A lease is also effective right away, but may be subject to date terms that outline a more specific period of time.

Because this period might not occur right after the contract signing, the effectiveness of a lease may hinge a bit on the terms it contains.

Leases & Rentals

• Lease Form Combo Packages

  Popular Lease Form Combo Packages which contain a variety of forms for use when leasing commercial or residential properties. These are some of our most popular forms

• Premier Residential Lease Combo Packages

  Popular - Premier Residential Lease Combo Packages containing the forms most often used by residential property landlords. This package contains leases, consents to sublease and numerous notice forms.

• Residential Lease Agreements

  Popular - Various Residential Lease Agreements, including apartment and house leases, subleases, month to month leases and more.

• Residential Rental Applications

  Popular - Residential Rental Application which will assist in obtaining information from a tenant before you rent your property to them. This application requests information about the applicant and spouse, number of children who will occupy the premises and references (credit and personal).

• Amendment to Lease

  Lease Amendment for use when amending an existing lease agreement. This amendment sets forth the provisions to be amended and those remaining in effect.

• Commercial Lease Agreements

  Commercial Lease Agreements to be used when leasing commercial property. These forms include leases and subleases, extension and termination agreements and both commercial lease and sublease applications.

• Equipment Lease Agreements

  Equipment Lease Agreements used when leasing or renting equipment. These forms include a lease agreement, amendment to lease and extension and termination agreements.

• Equipment Lease Assignment

  Equipment Lease Assignment is used when assigning an equipment lease to another party. This assignment sets forth the names of the parties, describes the equipment and effective date of assignment.

• Equipment Rentals

  Equipment Rental forms used when renting equipment. Included are rental forms for bicycles, boats, ATV's, personal watercraft and skates and surf boards. The forms set forth the rental provisions including cost, rental term and condition of the item when returned.

• Furniture Lease Agreement

  Furniture Lease Agreement to be used when leasing furniture for residential or commercial purposes. This agreement sets out all relevant terms including monthly payment amount and lease term, detailed description of the furniture and if it can be purchased at the end of the lease period.

• Garage Lease Agreements

  Garage Lease Agreement for use when renting a garage. This agreement sets out all relevant terms including length of the lease, monthly payments and default remedies.

• Landlord Consent to Sublease

  Landlord Consent to Sublease is for use when a tenant desires to sublease a dwelling to another party. This consent sets all the names of the parties, if additional monies are due and who is responsible in the event of default of the lease.

• Landlord's Consent to Lease Assignment

  Landlord's Consent to Lease Assignment is used by a tenant who desires to assign a lease to another party. This consent contains the provisions to gain the consent of the landlord.

• Lease Agreements

  Lease Agreement forms for use when leasing residential property. These lease forms include terms concerning lease term, rental amount and remedies in the event of default under the lease.

• Lease Extension Agreement

  Lease Extension Agreements in both English and Spanish. These forms will extend existing an existing lease agreement and contain all relevant provisions.

• Lease Termination Agreement

  Lease Termination Agreement which will effectively terminate an existing lease. This agreement sets forth the relevant provisions including any termination fees which may be due and if any provisions will continue after the termination.

• Mobile Home Leases and Agreements

  Mobile Home Leases and Agreements are used when leasing a mobile home. This form sets out the specifics of the arrangement including the lease term and amount of monthly rent.

• Move-In and Move-Out Inspection Checklist

  This Move-In and Move-Out Inspection Checklist will clearly document the condition of a rental property before tenants move in and when they move out. This checklist will be helpful in deciding whether a security deposit should be returned.

• Notices

  Notices which relate to landlord/tenant matters. Included are a notice to quit, notice to vacate and notice of default under a lease. Also included are notice of option to renew a lease and notification of a denied rental application.

• Office Lease Agreement

  Office Lease Agreement for use by a landlord when leasing an unfurnished office to a tenant. This agreement sets out all provisions including rent amount, lease term and terms including the amount of rent, lease term quiet enjoyment of the premises.

• Residential or Commercial Lease Assignment

  Residential or Commercial Lease Assignments for use when assigning an existing lease. These forms include important terms such as assumption of lease rights and obligations and indemnification of the tenant.

• Roommate Agreements

  Roommate Agreement which will clearly set forth the arrangement between individuals who decide to live as roommates. This agreement sets out the relevant terms including payment of rent and any expenses, who will perform household chores and rules about guests.

• Salon Station Lease Agreements

  Salon Station Lease Agreement is for use by a salon owner who rents out stations within the salon. This form sets out the rent amount and security deposit and any equipment which salon owner will furnish.

• Security Deposit Demand Letter

  Security Deposit Demand Letter is from a tenant to a landlord who has not returned a security deposit. This letter sets out that all lease obligations were fulfilled by the tenant and demands that the landlord immediately return the security deposit.

• Storage Lease Agreements

  Storage Lease Agreements for use when renting a storage space. These agreements contain all relevant terms and are for a fixed term, month to month term and an agreement for property storage.

• Vacation Property Rental Agreements

  Vacation Property Rental Agreements for use when renting an owner's vacation property. This agreements specifies the reservation and check-in and check out procedures and the fees for rental and security deposits.

• Warehouse Lease Agreement

  Warehouse Lease Agreement between a landlord and a tenant who desires to lease a warehouse. It sets out the monthly rent, location of the warehouse and lease term.