Advice to Landlords: Things You Absolutely Must Put in the Lease

I rent a condo out, and have had some experiences that have inspired me to draw up the darned-toughest lease in the West, a lease that would hold up in any small claims court. All the time I see on "Peoples' Court" landlord-tenant disputes, that would have never found their way to court, had the landlord issued a thorough lease.

Below are portions that should be in any landlord's lease to a tenant. And have the tenant initial after each portion, rather than just signing his name at the end of the lease. My leases have a bunch of bullet points, and my tenants initial each and every one of them.

Put the below language in your leases, and you will have airtight court cases, should your tenant ever decide to sue you, or should you ever decide to sue your tenant.

CONDUCT. Tenants shall not create, or permit their guests, to make disturbing noises or other conditions such as loud partying after 11 pm that will interfere with the quiet and peaceful enjoyment of others. Should landlord receive a violation notice from the homeowners' association, that results in a fine, then the amount of the fine will be deducted from security deposit at time of security deposit refund.

LATE CHARGES. 3 days late (reception in mail box after the third day of the month) will have a 5 percent late charge. 6 days late will have a 10 percent late charge. 10 days late will result in eviction notice. If landlord brings any action or suit for recovery of possession of said premises, tenant shall pay to the landlord attorney's fees and costs as the courts shall determine to be reasonable. Any failure by tenant to pay rent or other charges promptly when due, or failure to comply with any other terms or conditions thereof, shall at option of landlord forthwith terminate this tenancy

TENANT (S) MUST PERFORM ALL THEIR CLEANING/REPAIRING BY 8 PM, (fill in date). THERE WILL BE NO OPPORTUNITY TO COME BY AFTER LEASE TERM ENDS, I.E., AFTER (fill in date) TO CONTINUE WITH ANY CLEANING/REPAIRING OR ANY ACTIVITIES TO RESTORE UNIT TO ORIGINAL CONDITION AT TIME OF MOVE-IN. THIS MEANS THAT SHOULD LANDLORD FIND ANYTHING UNACCEPTABLE, TENANT MUST BE ABLE TO RESTORE IT RIGHT ON THE SPOT AT TIME OF WALKTHROUGH. IF TENANT IS UNABLE TO DO THIS, THEN THERE WILL BE A DEDUCTION ON SECURITY DEPOSIT THAT CORRELATES TO COST OF RESTORATION/CLEANING/REPAIR.

LANDLORD WILL NOT BE ABLE TO COME BY A SECOND TIME AFTER MOVE-OUT DATE FOR A SECOND INSPECTION. THERE WILL BE ONLY ONE INSPECTION.

OUTSIDE MAINTENANCE: Landlord is not responsible for upkeep of outdoor maintenance, including shoveling snow, clearing or dissolving ice, rocks or pebbles, sweeping breezeway, clearing breezeway of debris left by tenants or other residents, clearing walkways/paths or parking lot, clearing items on stairs/landing, or replacing burned-out breezeway lights. Landlord is not responsible for any consequences of lack of outdoor maintenance, such as unshoveled, unplowed, non-de-iced, or unsalted walkways and parking lots. Landlord is not responsible for trips, slips, falls or any other injury on part of tenant, anywhere on the premises, including inside (address of rental property). Should tenant trip, slip, fall or otherwise injure him/herself on premises or inside prior-named unit, tenant assumes 100 percent responsibility for consequences including medical care. (NOTE TO AC READERS: My rental unit is part of a huge condo complex with HOA maintenance; thus, I can get away with these kind of rules. Depending on the nature of your rental property, you may not be able to get away with such strictness.)

MISC: Landlord is not responsible for becoming involved in any way, with any conflict that tenants may have with other residents or visitors of (name of property complex), or with each other (in the case of more than one tenant), or with any guests that tenant may have over. Should tenant have conflicts with any resident of, or visitor to, (name of property complex), then tenant is 100 percent responsible for resolution.