Lease Vs. Rental Agreement

Lease Vs. Rental Agreement

People who cannot afford or don't prefer to purchase a home still need a way to reside in a property temporarily. The answer to this conundrum is using a lease or a rental agreement. Renters and landlords/property owners use these two terms interchangeably. Even so, leases and rental agreements are very different legally. For this reason, you should not confuse them.

Term Length

    Leases and rental agreements do not have the same term length. Leases usually are long-term agreements that last at least six months. By contrast, rental agreements are short-term agreements of one month. However, rental agreements are open-ended, with the agreement not stipulating the number of consecutive months rental will take place.

Renewal

    Landlords and property managers usually do not assume you want to renew your lease unless you have made statements or taken actions that indicate you have no intention of moving. If you don't indicate you want to stay, your landlord or property manager will send you a letter that indicates your lease is up. If all is well between you and the landlord/property manager, the letter typically gives you an option to "renew" your lease. Because leases have finite term lengths, you really don't renew a lease. Instead, you start a new one that picks up exactly where the old one left off.

    Rental agreements renew automatically every month, so unless you contact your property manager/landlord, your property manager/landlord will assume you want to keep renting.

Rates And Terms

    Leases have static rates -- landlords and property managers can't raise what you must pay until the lease term is over. Rental agreements allow property managers and landlords to raise or lower rent rates each month. Rental agreements tend to cost more per month, because the landlord/property manager has to cover the cost of preparing the property for a new tenant more often. However, overall, you typically will pay more with a lease, as you have to pay at least six month's worth of rent. Leases also sometimes cost more due to buyout fees that release you from the lease before the lease term ends -- buyouts usually aren't necessary with rental agreements because rental agreements last just one month. In addition, leases almost always use written agreements. Rental agreements may be written or oral.

Type of Tentants

    Because leases are long-term agreements, they tend to attract tenants who need housing for extended periods. Rental agreements are more flexible and therefore attract tenants who need very temporary housing.

Considerations

    Many landlords use leases and rental agreements. The way they advertise the latter, however, is what leads to some confusion about lease and rental agreement differences. Property managers and landlords almost always call their rental agreements "month-to-month leases," and most even draw up their rental agreements on the exact same form they use for leases, simply writing in an addendum that indicates that the agreement is month-to-month and renews automatically.



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