The problem when downloading a rental is also whether you have received an updated rental or not. The Internet is a huge archive, and when they download something that was written in 1999, it won`t well keep the law in its current form in 2016. Laws change over time and the use of something that is obsolete or does not cover the newer laws can certainly put you in hot water. We`ve even seen cases where an owner has downloaded a Tar Residential Lease (which clearly states that it can only be used by members of the True Association – your use can invalidate them if you`re not a member), but they`ve downloaded an older form. Staying informed is part of what we do for our customers, so you need to make sure you do it too. Disclaimer: As always, we must remind you that we are not lawyers and that we cannot, as such, provide legal advice. If you are unsure of the impact of your lease, please contact a lawyer. We would be happy to recommend a few. Tenants also have rights. Trying to remove these rights by putting clauses in a lease agreement that will deny them will always end badly. Remember, when you are in front of a jury, you will be seen as the big, bad slumlord and the tenant is the right guy. Everyone has a story about an owner they thought was mean and mean, and it`s those memories that lawyers are going to play in a lawsuit.
It`s a fight uphill to begin with. If you have tried to remove these fundamental rights from a customer, you will lose. “Don`t go down a lease” is pretty threatening, isn`t it? There are good leases on investment sites, but they are few and far in between. Here in Texas, the TAR Residential Lease is written with the owners in the eye and compared to some other states, it is definitely cheaper for homeowners. It gives them a lot of protection and also sketches a lot of “What If” scenarios that most homeowners wouldn`t even think if they did one themselves. They are tested over time and rewritten by the Texas Association of Realtors legal team to adapt to new laws and in response to all complaints that have arisen over the years. Senate Act 1414, which supports Texas REALTORS® during the 2019 Legislature, comes into force… The obvious problem with a bad lease (or a totally invalid contract) is the lawsuits.
You will never win a lawsuit based on a poorly written rental agreement containing an illegal or invalid language, that is not signed or that does not have the special protection you need in this action. Legal actions are much more expensive than the price when a lawyer negotiates a lease or instructs a real estate agent to manage the property. Whatever you do, make sure that if you download or write a crack yourself, you will actually get the signature. We have seen more than one case where an investor said he had a lease, but the tenant never really signed it. No signature? You don`t have a lease. The other way to write a strong lease is to talk to a lawyer and have them write a form for your use. Many rental contracts available on the Internet will say that they were created by a lawyer, but you should always be sure that it is created with your situation and real estate in mind and (we see this mistake made a lot) it is created by a state lawyer in which you are going to rent.