 According to some attorneys the following ten clauses should be included in all of your rental agreements to give you "added protection" from the professional deadbeats, sue-happy tenants, predatory attorneys and all of the other swell folks that are card-carrying members of the "free-lunch-society:"
- Jury trial waiver: Tenants and Landlord waive their right to demand a jury trial to settle any lawsuits between them. Please note that jury trials are generally very expensive and that most juries usually rule against "greedy, mean-spirited landlords!"
- Holdover: In the event that Tenants fail to return all keys, and vacate the premises on or before the expiration of their rental agreement, Tenants agree to pay twice their monthly rental rate until they do so. This will usually motivate tenants to move out when they're supposed to, but it also protects landlords when they don't.
- Occupancy: Only the Tenants named as parties to this rental agreement shall have the right to take possession and occupy the premises. This protects landlords from having a tenant's entire extended family move from Cleveland and into their two-bedroom rental unit.
- Smoke Detector Maintenance: Tenants shall be responsible for keeping smoke detectors operational by replacing batteries as needed. This helps to hold tenants more responsible for their own personal safety while reducing the landlord's liability.
- No Smoking: Neither Tenants nor their guests shall smoke in the premises. I realize that inserting this clause is a personal judgment call. However, it will eliminate the fire hazard, stench and stains caused by nicotine, and it may also result in your paying less for hazard insurance.
- No Pets Allowed: Neither Tenants nor their guests shall not keep any pets on the premises. Again, I realize that this too is a personal judgment call. But, this will eliminate the problems, noise, odors and damages caused by pets.
- Non-Assignment: Tenants shall not have the right to assign this rental agreement to a third party. This stops tenants from moving out and letting a third party taking over their rental unit for the duration of their rental tenancy.
- Non-Sublet: Tenants shall not have the right to sublet any portion of the premises to a third party. This clause prohibits tenants from renting out any part of the premises to so-called "roommates" who aren't parties to the rental agreement.
- Indemnification: Tenants agree to hold landlord harmless for any damages resulting from the negligence and willful misconduct of third parties. This clause helps to better protect landlords from being held financially responsible for damages to tenants that are caused by other tenants, guests and anyone else who comes onto the premises.
- Default: Tenants shall be in default, and their rental agreement shall be immediately terminated in the event that Tenants or their guests are engaged in any type of criminal activity on the premises. This should send a loud and clear message to all tenants that the landlord has zero tolerance for crooks, thugs and other forms of lowlife who partake in a life of crime!
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