Filling out these forms is fairly simple but, alas, it seems to give new agents more trouble than any other document. The following tips should help you to better understand what you are looking at.
The Offer to Lease forms a contract, between the Landlord and Tenant, calling for both parties to enter into a lease agreement and outlining the terms of that lease. Some agencies, like us, use their own forms, others use a form available on Form Simplicity called a Contract to Lease.
Tips for completing the forms and avoiding problems:
- use realistic lease start and end dates– don’t put a move in day in 2 days because you likely won’t have approval in 2 days.
- Don’t misrepresent having money when you don’t. If you don’t have money, enter “0” (zero).
- Where money is due on the form, write clear dates or timelines. “Upon acceptance” is not clear. Instead, write “within 1 business day of acceptance”.
- Write out any of the tenant’s expectations in additional clauses. examples:
- Unit (walls, doors, trim, and baseboards) will be painted white prior to lease commencement.
- All of the abandoned items in the closet will be removed prior to lease commencement.
- Tenant can take possession of unit prior to lease commencement for $50/day if all move in funds have been paid and condo approval has been given.
- Unit will be delivered clean.
- Make sure you check the appropriate boxes– do not assume cable is included, only check the box (condo or landlord) if you know cable is included.
- This is more of an FYI. Cleaning is in the eyes of the beholder. It is sometimes ok to say a unit will be cleaned prior to the tenant taking possession, but “professionally cleaned” seems to backfire, even if a unit is cleaned by professionals. Setting the expectations in advance is better. Avoid using the word “professional” when making or receiving offers. Allow an owner to pay for a cleaning, and deliver a clean unit. When cleaning is involved, tell the cooperating agent or tenant the unit will be delivered clean and ready to move in, but there is not a guarantee of “eat off the floor” clean because cleaning is subjective. No matter what, a place is never clean enough.
Unless both parties are in full agreement as to price and terms from the beginning: use the Memo to Lease to negotiate the terms of the deal. Then, after it is signed, initialed, agreed-to by both sides, worry about drawing up the lease! Otherwise you will waste lots of time and money re-drawing and altering these lengthy lease agreement instead of doing your negotiating on this much simpler form.