Commercial & Residential Lease Agreement Attorneys in Utah
When to Hire a Real Estate Attorney to Help You with Lease Agreements
If you are renting for the first time, you should have an attorney draft your Lease Agreement. There are common pitfalls in lease agreement drafting that you want to avoid. If you are a tenant considering a long-term lease it is absolutely essential that you consult with an attorney before signing your lease agreements.
Why Hire a Real Estate Attorney?
At Hepworth & Associates, we have seen many conflicts between landlords and tenants. Many of these disputes could have been easily avoided by smart contract drafting that clearly sets forth the expectations and obligations of both parties. The content of leases is driven by the needs of the client. Here are some items to consider when drafting a lease agreement:
- A severability clause
- All charges that can be assessed including late fees & cleaning charges
- Joint and Several Liability (Yes, that is different from the first point)
- Conditions of breach and default
- Proper and improper uses of the leased space
- Moving out clause (cleaning and condition)
- Right to enter
- Responsibilities for maintenance items
- Rent allocation — payment priority
- Security Deposit
If you are a tenant and don’t understand these terms, you need to. If you are a landlord and don’t understand these terms, you also need to. Do not passively accept boiler-plate language when signing a lease.