What Should a Landlord Consider when Creating a Lease?

Landlords should consider making sure that all of the issues required by code are in the lease and the lease is in writing. The code requires the landlord to indicate exactly who owns the property and what address the tenant can mail any kinds of notices. I would also suggest that all of the tenants be included in the lease. That is very important because if you do not get your rent paid, you can go after each tenant individually for the entire amount of the lease.
Also, I would suggest that any issues that may be important to you, such as the tenant is required to cut the grass or the tenant is required to take the garbage out, be included in the lease. If the tenant doesn’t do these issues, you can take the tenant to court and seek possession of the unit. I would also suggest that you put in the lease a provision that the tenant has received a copy of the landlord/tenant code. By law, the landlord is required to give the tenant a copy of the code. Having the tenant sign that particular provision will make sure the court knows that you gave it to them. Often the tenant will come to court and say they didn’t receive a copy. If the court believes them, the tenant isn’t necessarily subject to the provisions of the code. If you have any specific questions about landlord/tenant code, please contact your landlord/tenant attorney.

The law firm of Mattleman, Weinroth & Miller, P.C., is composed of experienced landlord/tenant attorneys throughout the state of Delaware. Please contact the office for a free initial consultation and get any questions answered.