Residential Rental Agreement and the Law
Residential Rental Agreement and the Law
blog1.jpg

May 03,2016

Residential Rental Agreement and the Law

For example, in Georgia, many leases include a merger clause. The lease probably does not need the clause as it is clear from statutory law that oral agreements are unenforceable without credible witness. But it still pays to have such a clause, because it helps set expectations for the tenant. In most cases, the tenant is probably unfamiliar with the law, but if the law is restated in the lease, then they may not feel compelled to go to court to discover that their defense is worthless. They can see in the mutual agreement that they have no case.  So restating the law can be a good idea, if you want to avoid dealing with lawsuits. 

Do you have a waiver clause? You do need this clause as it is not given in the statutes. This clause protects you when you act in such a way to appear to be waiving a requirement in the lease due to performance. For example, you do not charge a late fee two months in a row, and then decide to start enforcing the letter of the contract. Without the waiver clause, the tenant might assert an argument that you waived your right to demand it, based upon your demonstrated behavior. They would have a defendable argument.

Another very important clause is the severability clause. This clause protects you such that when one part of the lease is ruled out of compliance with law, the remainder of the lease remains enforceable. Without this clause, it could be ruled that the entire lease is unenforceable.

Know your lease and know the law. It might serve you well someday. Do you need a reliable property management company in your area? Contact 3 Options now.

Daniel R. Wilhelm
Managing Broker
3 Options Realty, LLC.
http://www.3optionsrealty.com
Phone: 678-397-1282  


The author of this Blog is not an attorney. Nothing written should be construed as legal advice. Conclusions conveyed are outcomes based upon practical experience and should not be depended upon to be a common outcome of other similar circumstances.

 

Recent Blogs

small1
Mar 27,2024
Common Misconceptions About Property Management

Owning rental property can be a lucrative investment, but…

Read More
small1
Mar 21,2024
Do Property Managers Pay for…

Whether a landlord or property manager, various responsibilities are…

Read More
small1
Mar 14,2024
6 Ways to Win a…

In the competitive real estate market, winning a bidding…

Read More

Landlord Options

small1
Owner Portal

In appreciation for your continued patronage, we are pleased to offer you a management fee rebate equal to 2 months of management fees for any…

Read More
small1
Leasing & Management

If you are interested in professional property management services, you probably have some questions about the process and we have a few questions we…

Read More
small1
Rent Disbursement

Standard Rental Proceeds Disbursement Policy. It is the standard policy of 3 Options Realty to disburse monthly rental proceeds to property owners between the 15th…

Read More

We Are Ready to
Take Your Call

lander1

If you have been rummaging through web results for “property management companies near me,” then you are at the right place. 3 Options Realty’s property managers in Atlanta are experienced and trained to deliver top-tier service. Call 3 Options Realty to speak with a friendly representative today to learn more about our property management & real estate services. We are ready to take your call.

Buy, Sell & Rent with 3 Options Realty

lander1

We use professional market research to determine fair-market rent, and we use broad market advertising to reach a large audience. Our agents will also help you prepare your property and skillfully present your property. Prospective tenants will undergo comprehensive interviews and background screening before we negotiate with them the rental agreement using our proprietary, attorney-reviewed forms.