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Elliptical trainer Fitness equipment Leasing

August 26th, 2011 shearie Posted in Residential leases No Comments »

Article by Michael Harrah

Regardless if you are outfitting a workout team or even your home gym, elliptical trainer fitness equipment leasing might be an option you should think about. elliptical training exercise equipment rental or various other fitness machine rental gives you the choice to fit your gymnasium with quality, well-maintained and possibly a lot more enhanced machines as compared to you’ll have thought about should you be buying.

Some examples of additional fitness devices you’ll rent contain treadmills, steppers, as well as exercise benches, free weights and also universal fitness gyms. Through the use of elliptical trainer fitness equipment leasing alternatives alternatively than paying for equipment, you can save money, get access to a wide selection associated with cutting-edge equipment as well as make sure that you are getting one of the best goods for your commercial or your home gymnasium. When you use elliptical trainer fitness machine leasing, it is important to realize not only just what specs to consider while in the device you would like, however to ensure the brand name associated with the actual machines as well as the actual leasing manufacturer are usually respectable and support their own device.

Rent the elliptical machine or perhaps additional exercise device through top rated manufacturers like Cybex, LifeFitness, Nautilus, Precor, Stairmaster, Star Trac or even Schwinn. Brands you’ll rely upon elliptical trainer fitness equipment leasing solutions include Dynabody Exercise equipment, Bodytech, Body Quest, Hoist Fitness, Exercare and USA Fitness Direct. Most regarding these companies provide elliptical machine exercise equipment rental companies for each of those commercial and also residential health and fitness center purposes. Several rental providers provide refurbished elliptical trainers and other fitness equipment. Another advantage regarding elliptical training fitness machine leasing is the actual tax discount you’ll be able to accept the particular rent at the same time as well as flexible type payment agreements in which are usually typically supplied by leasing providers.

A structured elliptical trainer fitness equipment leasing agreement provides you with any expected system you’ll count on. Exercise equipment rental also provides superior capital terms as compared to carry out the majority of mortgages. Provisions for elliptical machine fitness equipment renting and also other varieties of equipment may operate from 24 to sixty month arrangements.

Want to know more about http://www.fitnessequipmentleasing.org/elliptical-trainer-fitness-equipment-leasing.html?”>elliptical trainer fitness equipment leasing Visit Michael Harrah’s page http://fitnessequipmentleasing.org/ now!










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Commercial Property Leasing – Get It Right

July 31st, 2011 shearie Posted in Residential leases No Comments »

Article by Dave Smyth

You plan to start your own business? You have planned on the nature of business which you want. You’d like to start it right at this very moment…Now that you have decided that this is the perfect time to open and serve in the market that you have chosen, it is best to make sure that everything is ready. Finances: check. Suppliers: check. Manpower: check. Location of business: none yet. Oops! You have missed one important factor when starting the business. Yes, the commercial space.In the present economic condition that we’re in, it is more effective to rent a commercial property for your company rather than to purchase, which will entail higher cost and will take more time to find. In order to get the most benefit from renting a commercial property, take into account the guidelines below:SizeThe size of business space that you would like to rent should be proportional to the size of business that you want to start. You have to take into consideration the number of people that needs to be accommodated in the business. Always consider not just the present, but the potential growth, that will also mean extra need for space. Keep in mind that some commercial properties offer conditions for expansion if required.BudgetNormally, a smaller office will definitely cost lower than a bigger one. A commercial space in a city will definitely have a higher rent when compared to a space in a metropolitan area. Will there be deposits or extra charges? Having these in mind, you’ll surely need to examine your budget before you sign that leasing agreement.LocationThe position of the commercial space must be suitable for the business that you’ve in mind. You should take into consideration the clients that you’re planning to cater for. The proximity to the clients or your market should determine the selection of office address. Safety, accessibility and convenience are the three most important things that must be taken into account in choosing your commercial space.ContractMost, if not all leasing agreements of business or commercial spaces are usually longer when compared to residential ones. Ensure that the appropriate terms are mentioned and well-defined on the contracts between you and the exact property owner. Most agreements are subjected and opened for review at a specific time, during which the changes on the agreements may be mentioned and amended according to the parties’ discussions.ParkingAt this point in time, cars are taken into consideration a necessity. Make sure that your commercial space may have a safe and large parking area to support all your clients and staff.AmenitiesIs the air conditioning system good enough? Will you need to change the lighting or internal decoration to fit your business? Will you be renting a fully furnished commercial space or do you need to bring in equipment and furnitures? These are queries that may help you decide if a location is good for your business.SafetyAre the fire escapes, fire sprinklers and fire alarms working fine? In the case of emergencies, will the evacuation routes lead your people to safety? It is of utmost importance that you ensure to check for the security compliance records of the commercial property, not only for your own safety, but for your customers and staff also.Now, have you finished your check list? Those mentioned above are just some fundamental things that you should think of before you sign and agree on that leasing agreement. Choosing a commercial space may sound simple, but surprisingly, the success and development of your business, could depend on your selection of commercial space. Happy Renting!

If you are planning to rent a commercial property in the Kent area visit ==> Commercial Property Kent










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How to BREAK a LEASE Legally in Arizona

July 8th, 2011 shearie Posted in Residential leases No Comments »

Article by Ken Volk

You’ve finally caught a break and just signed the rental lease for your brand new beautiful, move-in ready home at “Heavenly Gardens” only to find out that it overlooks both a landfill and cattle ranch, has cockroaches bigger than your cat and the ‘brand new’ carpet was once new, when the landlord replaced it back in 1974. The 300 pound neighbor above you paces around at all hours of the night, primarily because he’s an on-call meth dealer, the bullet holes in the dining room were patched with the wrong color paint and right now someone is stealing your hub caps. And now, the landlord refuses to fix the hot water heater, leaky faucets, the broken window in your bedroom or turn on the electricity because somehow, all of this is your fault.

This isn’t the ideal living situation but even after you’ve tried to make the best of it, you realize it’s now time to make a change, get out of there and break your lease. Maybe your apartment is really nice but you got that big job offer you’ve been waiting for but it’s in Nevada. No matter what the reasons are, there are legal ways to break a lease but you may not know how. In order to get out of the lease early, and as quickly and easily as possible, you have to fit into one of three primary categories.

The law in Arizona is very specific. The landlord is responsible for complying with all applicable building codes materially affecting health and safety and is responsible for making all repairs to keep the premises in a fit and habitable condition. If a landlord fails to keep up his, or her, end of the bargain there is something you can do about it. When a landlord is properly notified about any of these non-compliance issues, a lease can legally be broken if the items are not remedied in ten days. Additionally, if the items not remedied materially affect your health and safety, the lease can be terminated in only five days if they are not remedied. The procedure for notification is very specific and we recommend you use a company who can properly assist you in the preparation and delivery of the necessary documents.

Second, all owners of residential property are required to maintain information with the county assessors office. Some of the items are simple, such as the name and address of the owner and address of the property. Some of the other items can get a little more detailed. Most residential property owners may not be aware of the necessary requirements and never create or maintain the proper records with the county assessors office. If the owner doesn’t comply, again with proper notice, the tenant can terminate the rental lease agreement within ten days and the landlord must return all prepaid rent and security deposit back to the tenant. This approach is also tricky and you need to use a company who has experience in non-registration issues to assist you.

Lastly, if circumstances beyond your control arise, such as fire, flood or other event occurs that substantially impairs the dwelling unit, the tenant has multiple options. If the property is still habitable, the tenant can have the rent reduced for the part of the property that has been damaged and is no longer habitable. If the property is inhabitable a tenant can legally terminate the rental lease agreement, but you have to do it quickly. The law gives your fourteen days to break that lease.

Whether you are the victim of fire or flood, have a landlord that isn’t properly registered with the county or you have significant health and safety violations you can quickly and legally break your lease. However, I do not recommend trying to do it on your own. The documents need to be specifically prepared and delivered in a timely manner. The company with a proven track record is ATA, Arizona Tenants Advocates, http://www.lease-breakers.com who have been successfully assisting tenants since 1993 and have over 5,000 successfully confirmed ‘break lease’ cases.

Ken Volk, founder of Arizona Tenants Advocates & Association and a well-known tenants’ rights advocate, has been assisting Arizona tenants since 1993.

He began by organizing tenants in his own apartment complex when a foreign ASU student knocked on his door seeking assistance with a collapsed ceiling. As part of those efforts, Mr. Volk made contact with legal services, which in turn sought his participation in defeating a landlord bill that was being promoted at the state legislature. The effort was successful, and the momentum carried through to Mr. Volk’s creation and management of Arizona Tenants Association from 1994-2010.

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KEYS to BREAKING AN APARTMENT LEASE in Arizona

June 26th, 2011 shearie Posted in Residential leases No Comments »

Article by Ken Volk

Breaking a lease can be intimidating but it doesn’t have to be if you follow the steps of the break lease program. You may have just lost your job, had a family crisis or just have a lousy landlord. In order to break a lease you have to be both timely and specific on the approach that you use.

The law in Arizona is very specific. The landlord is responsible for complying with all applicable building codes materially affecting health and safety and is responsible for making all repairs to keep the premises in a fit and habitable condition. If a landlord fails to keep up his, or her, end of the bargain there is something you can do about it. When a landlord is properly notified about any of these non-compliance issues, a lease can legally be broken if the items are not remedied in ten days. Additionally, if the items not remedied materially affect your health and safety, the lease can be terminated in only five days if they are not remedied. The procedure for notification is very specific and we recommend you use a company who can properly assist you in the preparation and delivery of the necessary documents.

Second, all owners of residential property are required to maintain information with the county assessors office. Some of the items are simple, such as the name and address of the owner and address of the property. Some of the other items can get a little more detailed. Most residential property owners may not be aware of the necessary requirements and never create or maintain the proper records with the county assessors office. If the owner doesn’t comply, again with proper notice, the tenant can terminate the rental lease agreement within ten days and the landlord must return all prepaid rent and security deposit back to the tenant. This approach is also tricky and you need to use a company who has experience in non-registration issues to assist you.

Lastly, if circumstances beyond your control arise, such as fire, flood or other event occurs that substantially impairs the dwelling unit, the tenant has multiple options. If the property is still habitable, the tenant can have the rent reduced for the part of the property that has been damaged and is no longer habitable. If the property is inhabitable a tenant can legally terminate the rental lease agreement, but you have to do it quickly. The law gives your fourteen days to break that lease.

Whether you are the victim of fire or flood, have a landlord that isn’t properly registered with the county or you have significant health and safety violations you can quickly and legally break your lease. However, I do not recommend trying to do it on your own. The documents need to be specifically prepared and delivered in a timely manner. The company with a proven track record is ATA, Arizona Tenants Advocates, http://www.lease-breakers.com who has been successfully assisting tenants since 1993 and have over 5,000 successfully confirmed ‘break lease’ cases on file.

Ken Volk, founder of Arizona Tenants Advocates and a well-known tenants’ rights advocate, has been assisting Arizona tenants since 1993.

He began by organizing tenants in his own apartment complex when a foreign ASU student knocked on his door seeking assistance with a collapsed ceiling. As part of those efforts, Mr. Volk made contact with legal services, which in turn sought his participation in defeating a landlord bill that was being promoted at the state legislature. The effort was successful, and the momentum carried through to Mr. Volk’s creation and management of Arizona Tenants Association from 1994-2010.

Mr. Volk has been referred to as “The renters’ spokesman… an agitator… dedicated” by New Times. He has been characterized as a “landlord’s worst nightmare.” Yet, in his current endeavor Mr. Volk has received referrals not only from landlords, but also from apartment managers, realtors, apartment placement firms, and even such well-known landlord attorneys as Scott Clark and others. Mr. Volk has been the beneficiary – and occasional target – of countless newspaper and other media stories and interviews.

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31 Items to put in your Lease Addenda Rental Form

May 20th, 2011 shearie Posted in Residential leases No Comments »

You’ll want to copy and paste these items as well as others items that you can think of that make sense for your specific property into the body of the document at the bottom of this post (which is just a sample header and footer for ease of use). So, with out further ado, here are the 31 items that we put in every lease addenda for every rental agreement that we sign with a tenant:

Tenant understands that the Security/Cleaning/Redecorating Deposit is NOT to be used toward the last month’s rent.
Rents are due on the 1st of each month and are delinquent on the 2nd. 5-day notices will be served; there is a service fee for each notice, and this is charged to the tenant. Late fee is .00 per day retroactive from the 5th day of the month.
Tenant shall take responsibility for checking batteries in the Smoke Alarm at least once a month and replacing when needed. If the smoke alarm is not functioning, the Tenant should notify Owner/Landlord immediately.
Tenants are to change air conditioner filters every 30 days. Tenant’s failure to change filters may cause the Tenant to be billed for damages. Tenant to maintain the home interior in a neat, orderly and “maid serviced” manner. Failure to do so may be a cause for excess wear and tear, and may be considered a material breach of the lease terms.
The Tenant is responsible for maintaining the lawns, desert landscaping, shrubs, trees and other landscaping including mowing and trimming. Failure to maintain the exterior of the premises is justification to withhold deposits to restore the property to pre-rental condition.
Repairs caused by resident neglect or negligence will be charged to the Tenant (i.e. a child’s toy causes blockage in a toilet or sewer line, or excess hair stops up sink or shower line). Such charges must be paid within ten (10) days of written notice from the Landlord/Owner.
The Property Owner/Landlord will NOT pay for unauthorized repairs.
Tenants will not work on/repair vehicles at the premises; there should be no unregistered, non-functioning or commercial vehicles parked on, in front of or adjacent to the property that is visibly in sight from the street.
The Owner/Landlord only warrants serviceability on the following appliances: air conditioner, heater, conventional water heaters, range/oven, refrigerator and dishwasher, if provided, and all other major electrical and plumbing systems. Owner/Landlord does not warrant or repair washer(s) and dryer(s).
It is the responsibility of the Tenant to acquire and maintain liability insurance if the Tenant has a waterbed and/or pet. As noted in lease, written permission must be obtained from the Owner/Landlord to install a waterbed or have a pet at the property.
The Owner/Landlord is not responsible for the Tenants personal belongings. Tenant understands that they may choose to obtain Renters/Tenants Insurance.
Tenant must give written notice thirty (30) days prior to the expiration of this agreement to vacate or renew. On a month-to-month basis, the termination of this lease can only coincide with the end of a calendar month, unless agreed to by all parties.
Tenant is to allow Landlord/Owner/Real Estate Agents to show the property for lease or sale during the last thirty (30) days of tenancy with proper notice. Tenant will allow placement of a Lockbox with property key the last 30 days of tenancy. Failure to comply may result in forfeiture of deposits.
Tenant may obtain a free copy of the AZ Residential Landlord/Tenant Act from the Secretary of State office.
Non-refundable fees will be applied to the following: cleaning/carpet cleaning/re-keying property.
Tenant acknowledges receipt of a move-in inspection form. It is the Tenant’s responsibility to return to Owner/Landlord within ten (10) days of occupancy.
Criminal Activity: Tenant(s) or members of Tenant’s household will not permit the dwelling to be used for, or to facilitate criminal activity, including drug related activity, regardless of whether the individual engaging in such activity is a member of the household or a guest. Violation of this provision shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy. Proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence.
Indemnity: Tenant(s) shall indemnify and hold Owner harmless from and against any and all claims, liability, penalties, damages, expenses and judgements for injuries or accidents to people or property of any nature however caused, occurring on or about the leased premises during the lease term and any other period of occupancy, including costs, expenses, attorney’s fee incurred by Owner in defense of any such claims, whether or not such claims are adequately covered by insurance.
Waiver: Either party’s waiver of any breach of this lease shall not be deemed to be a waiver of any such breach on subsequent occasion, and failure of either party to insist on performance of the terms, agreements and conditions of this lease shall not constitute a relinquishment of such party’s right thereafter to enforce such term, agreement or condition but the same shall remain in full force and effect. Should any provision or any part thereof in this lease agreement be determined unenforceable or illegal, the remaining terms shall remain in full force and effect.
Utilities: Tenant(s) are responsible for having all utilities placed in their own name(s) prior to move in. Tenant further agrees to pay any and all deposits (if any) as required by utility companies.
Assignment and Subletting: The Tenant may not assign or sublet the premises without the express written permission of the Landlord/Owner. An application fee will be charged by the Landlord/Owner to cover the cost of credit and background checks.
Alterations: The Tenant shall make no alteration, addition or improvement to the property, either inside or outside, without the written consent of the Owner/Landlord.
If property has an electric garage door opener, remotes will be operable upon move-in. Remotes are not warranted beyond move-in.
Tenant agrees to return all house keys, mailbox keys, garage door openers and any other keys at time of move out. A .00 re-keying fee will be charged if all keys are not returned and .00 for each garage door remote.
Tenant agrees to conduct a final walk-through inspection with Landlord/Owner at the end of the lease term. Tenant agrees to have all personal property removed from the premises at the time of final walk-through inspection. Owner/Landlord has no obligation to conduct a joint move-out inspection with the Tenant if A.R.S. 33-1321C shall apply.
FIRSTNAME LASTNAME and FIRSTNAME LASTNAME are owners of said property.
Tenant understands that smoking is not permitted inside the home or garage.
Tenant agrees to notify Landlord/Owner immediately of any water leaks that occur (i.e. leaks at sinks/vanities/tubs/showers/laundry spigots/appliances, ceiling stains or any water penetrations observed).
Tenants are responsible for carpets being professionally cleaned prior to lease expiring; proof of cleaning is by receipt.
If property is located in a homeowners association, Tenant is responsible for any fines assessed to property for violations caused by the Tenant. The two most common violations are garbage cans being left out on non-pick-up days and weed control. Homeowner’s rules and regulations are available upon written request only.
In the event that the property is sold the lease / rental agreement between landlord and tenant is cancelled on the date the new owner takes possession of the property. Tenant has 30 days to vacate the property or sign a new lease with the new owner at the owner’s option.

You can find a pdf version of this file on Leann’s free rental forms website

Leann is a property owner that rents out her homes. Over the years she has built up a lot of rental forms and templates that she makes freely available on her free rental forms website


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Lease agreements- Important issues involved

May 6th, 2011 shearie Posted in Residential leases No Comments »

A lease agreement is a very important part of the rental agreements that exist now days. These agreements are high in demand. The parties which participate in the lease are the landlord and the tenant and the person giving property on the rent basis. The lease agreement is made by the landlord and it’s his duty to create a proper lease agreement which contains all the important conditions in it. The conditions stated in a lease agreement have to be confirmed by both the parties which are entering in the contract. At the time of signing the agreement you should remember that the terms and conditions written in the contract bind both the parties equally in the eyes of law. You have to be very careful while selecting your lease agreement.

There are more than a thousand sites on the internet which give you free lease agreements. They are free from any mistakes. It’s very easy and convenient for you to get your lease agreement from any site on the internet. You just have to get it printed. There are many varieties in these agreements which depend upon the type of purpose and property which is leased. The clauses that have to be stated in the lease agreement totally depend upon the type of lease like residential, commercial, sublease, etc. you  can not only download your lease agreement but you can also get amendment forms and the lease extension forms for free. There are many lease agreements which are available for free but for some of them a charge has to be paid.

 

More information, please visit free simple lease agreementsamples lease agreement or free standard lease agreement.


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House Lease Agreement – What Do Private Landlords Need To Include?

April 10th, 2011 shearie Posted in Residential leases No Comments »

What is a house lease agreement? A house lease agreement is a legally binding contract between a private landlord and a tenant for renting out a home or other type of property. It should be a written agreement. It is important that you as the private landlord include everything you can in the agreement that relates to the tenant’s use of your property.

If you are drawing up the house lease agreement yourself it can sometimes be a bit overwhelming for you as the private landlord, because you need to strike a balance so that the agreement is comprehensive but not overly cumbersome and is easily understood by the tenant. It’s better to be in plain English rather than “legalise” so nothing is misunderstood.

When you are putting together a house lease agreement, there are the basic requirements:-

* where the property is located;

* what the property consists of;

* your details as the private landlord;

* details of the tenant;

* how much rent is going to be charged;

* when the rent is due

* the security deposit;

* if you allow pets, any pet deposits.

Unless laws in your state say otherwise it is important to note that any deposits can’t be more than the monthly rent. Some of the other things that need to be included related to the rent are – how many days can pass before the rent is considered late, how much you are going to charge the tenant for late fees.

These fees need to be worked out based on the laws in your state and or any local laws and have to be fair.

The next thing that is important to include in the house lease agreement is what the tenant is paying for, and what you are going to cover. For example, things like utilities, the phone, and cable should be the sole responsibilities of the tenant, and this should be clearly stated in the lease agreement. You also need to make sure that the tenant has accounts with the relevant utility companies so that utility companies are charging the tenant, not you.

Another important part of the house lease agreement is the length of the agreement. This can be a tricky subject, and there are many different options. For private landlords that prefer long term tenants, a one year lease agreement is a good choice for many reasons. It ensures that the tenant is willing to occupy the residence for at least a year, for one. However there are some drawbacks as well. One of them is that once the agreement is signed, you can’t make any changes or adjustments for a whole year.

One the other hand, while a short term lease agreement gives you more leeway, your tenants may be short term, meaning you will have to rent it out more often.

The other item that is important is terms of vacancy. Usually, a regular house lease agreement of a year or more requires the tenant give a thirty day notice of vacancy. Again, this has some advantages and some disadvantages. The advantage is that you get advanced notice that your tenant plans to leave, but again, this gives them a full month to leave. You also have to set a renewal date for the lease agreement, normally this wil be be one year from the date the agreement is signed.

There are many more things that can and should be included in a house lease agreement, much more than can be covered here. There are duties that you are going to be performing above and beyond what is required by law. There are responsibilities that you will be taking care of, and what the tenant is responsible for.

A house lease agreement should also include any special conditons and or restrictions for use of the property or for operating any of the assets included in the lease, e.g. dishwasher, fire or stove, heating system, airconditioning, hot water system.

If you need a sample lease agreement for a basic understanding, there are many websites with general examples of lease agreements, that can be adapted to your own personal requirements.

If you would rather not prepare the house lease agreement yourself you can get an attorney to prepare a house lease agreement for you but choose one that specialises in residential leases.

Surprisingly enough not everyone will treat your property the way you would so time and money spent on your house lease agreement is well worth it. It’s your protection as a private landlord.

For more information on your house lease agreement visit http://houseleaseagreement.blogspot.com/


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Computer Lease Agreements

March 12th, 2011 shearie Posted in Residential leases No Comments »

It’s important to know the lease agreement rules if you are a new wealth and property manager or an existing landlord venturing into the arena of business. Even if you are into business and a seasoned dealer it is still important to be update of the latest lease agreement rules. Your career or business depends a lot on your awareness of the basic lease agreement rules.

Lease is defined as contract or agreement that provides an individual or company the right of possession of the property that belongs originally to another individual or company. The duration of possession of the property or product is called a term. Term is a fixed period of time and ranges from a few hours to more than one year. Products that are leased with the lease agreement rules vary such as automobiles, electronic devices and equipments, real estate, video and audio cds and tapes and office equipment.

Parties involved in Lease Agreement rules

According to the lease agreement rules the product owner is called landlord or known as lessor. The individual or company that receives the property is known as lessee or tenant. Generally in the lease agreement rules, the lessees agree to make payment or rent to the lessor. The relationship between the owner of the property/product and the tenants is defined in the lease agreement rules. The common factors listed in the lease agreement rules are the period of time of the lease such as monthly, annually hourly etc. The lease agreement rules also include the process of lease renewal, terms for the hired property, modes and methods of payment, the appropriate usage of the items and the maintenance methods. The lease agreement rules also define the terms for any damage, late payment penalty and non payment penalty and procedures. It is common that the lease agreement rules include the process of returning the item or vacating the property at the end of the lease.

Basics of lease agreement rules

After defining the process and the terms of leasing, the next step that is followed in lease agreement rules is to define the parties involved in the lease, address of the property.
One important factor to be included in lease agreement rules is to mention the start date and the end date of the lease. The lease agreement rules include the names of the parties in the lease along with their signatures, the amount of rent, the mode of payments and deposits. The lease agreement rules define the interval of payment if any. The lease agreement rules should include the period and the process of the renewal of the lease.

The lease agreement rules vary according to the type of lease agreement. Some of the types are commercial lease, residential lease, operating and financial lease agreement.
Depending on the type of above mentioned lease agreement, the lease agreement rules define the frame of right and responsibilities of the lessee and the lessor.
Sometimes the lease agreement is arrived at based on word of mouth. However, it is important to have documentation for records and further reference purpose.

Author Melanie Smith

For more information please visit http://www.yourleaseagreement.com/computer-lease-agreement


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Lease agreements ? a must for every landlord

March 10th, 2011 shearie Posted in Residential leases No Comments »

Canada Landlords are protected under the Residential Tenancies Act of 2006, but this Act also provides certain rights for tenants too. Every Canadian landlord has an obligation to keep the rental property in a good state of repair and ensure that it remains habitable and safe. They do not however have to redecorate to suit their tenants taste or provide winter snow clearance. To protect themselves and their rental property from difficult tenants, every landlord should enter into a written tenancy agreement with the tenant. The tenancy agreement or lease details how long the rental will last, the rental fee and when it is payable and any other obligations that the landlord wishes to place on the new tenant for example banning pets or asking that the property be cleaned for a monthly inspection. Lease agreements are legally binding and can be used in disputes to prove that a tenant was asked to comply with a specific issue. There are different types of lease agreements with the fixed term agreement being the most popular.

A fixed term lease usually lasts for one year and details the start and end date of the rental period.  The lease can be renewed on an annual basis if the tenant wants to carry on living in the rental property. The lease can even be extended on a month by month basis if the landlord wishes. Interesting is the fact that the tenant does not have to sign a new lease in order to extend the old fixed term agreement, although if the tenant plans on staying for another year it is probably safer to do so.

Either the landlord or tenant may wish to prematurely end the rental agreement and providing both parties are in mutual agreement then this should be done in writing – once this is done the tenant loses any rights to the ‘security of tenancy’, which means that the landlord can give the tenant a date to vacate the property and because the tenant no longer has rights of ‘security of tenancy’, they must comply.

Ending a lease is not always possible via mutual consent. Most landlords have instances where they wish to make changes to the lease and as long as the landlord’s reasons can be proved to be ‘for cause, the landlord will not be in violation of the law. Examples of a lease termination ‘for cause’ would be when the tenant hasn’t paid their rent either in full or on time or when the tenant causes wilful damage to the contents or property. Obviously on such occasions the landlord must first give warning to the tenant that their actions are unacceptable. The tenant must also be given a fixed grace period to rectify the problem. In addition to ‘for cause’ terminations, the landlord can end the lease agreement by using the ‘no fault’ clause.  This clause allows for unforeseen events to dictate the termination of the lease such as when major construction and or remodelling work is planned or needed or the landlord has found a buyer for the property. Landlords must act cautiously at all times when ending the agreement without mutual consent. Fines of up to ,000 are payable by landlords who are found in breach of the Residential Tenancies Act. For more free legal advice visit the Legal Canada Community website


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Know what provisions to include and which to exclude in a lease agreement

March 1st, 2011 shearie Posted in Residential leases No Comments »

Hawaii Revised Statutes Sections 521-1 to 521-78, of Hawaii Residential Landlord-Tenant Code, outlines the details of the landlord-tenant relationship in the state. Whether you are thinking of leasing/renting out an apartment or looking for a rental yourself, you need the help of a real estate lawyer to negotiate the lease agreement.

Hawaii laws are applicable on all residential lease agreements. Every property owner and tenant based in Honolulu requires knowing certain basics in this regard. As per the state laws, the agreement may be oral or written. You can form an agreement on an annual, monthly, or even weekly basis.

There are three basic categories related to the terms and conditions of the lease agreement. Your real estate lawyer is capable of negotiating the details. His/her proficiency of the state laws helps in the task.

Essential Provisions – These are must for every such agreement. These include the following:

Full name(s) of all parties involved – landlord(s) and tenant(s)
Detailed description of property (full address, common areas, additional features)
The term of the lease and the rent details (how and when to pay and late penalties)

Note: Minors, and individuals with mental incapacity, are not eligible for entering into an agreement.

Common Provisions – A competent real estate lawyer has an in-depth knowledge of important clauses. Specifying most of the terms help in avoiding later legal hassles. Jot down all the issues that may crop up and let your lawyer know this. Here are a few examples of what you need to think of:

1. How much security deposit you ask/pay?
2. Does the rental allow pets? If yes, is there a limit on the type/size of pets or their number?
3. What are the landlord/tenants’ responsibilities regarding maintenance of property?
4. Who pays for the utilities (electric, gas, etc)?
5. Is ‘sublet’ an available option?
6. Does rent increase if the number of tenants living increases?
7. What are ways of early termination of agreement?
8. Is parking space available? If yes, is there a particular area for each tenant or is it on a first-come-first-serve basis?
9. What are the circumstances when the property owner may enter the rented space?

Any tenant can avail the help of any of the competent Honolulu Real Estate Lawyers to know whether the increase in rent was legal or not. Hawaii laws state that a tenant must receive a notification of rent increase at least 45 days earlier, in case the lease is on an annual or monthly basis. However, if the lease is of lesser than a month, the owner may send the notice 15 days in advance.

Prohibited Provisions – The Federal Fair Housing Act and the Hawaii Civil Rights Act prevent all property owners to discriminate on grounds like race, color, sex and such ‘protected traits’. If you feel that a certain clause in the agreement violates these rules, contact a real estate lawyer immediately.

Allek Hall, a contributing writer with various legal directories and blogs, has been writing legal articles for more than a few years. His suggestion and opinion has proved helpful and practical to the people looking for details on bankruptcy laws. He suggests you visit www.starnlaw.com to get in touch with competent Honolulu Real Estate Lawyers practicing in your locality.


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