If a landlord does not receive the rental agreement in writing, he commits an offence and is liable to a fine or two years in prison or both. Section 5 also sets out the minimum conditions for a valid rental agreement: we recommend using some form of written contract – either a lease or a lease. This sample agreement provides a template for both types of agreements, depending on the parts you want to use. Learn more about the differences below. You can pay a deposit; However, it is advisable to indicate very precisely the amount of the deposit taken, to which you can use the deposit at the end of the rental period and for which the tenant can not use it (example: the tenant can not use the deposit as a rent payment for the rent of the last month if the tenant does the trick). In case of disagreement between the landlord and the tenant at the end of the lease, it usually starts here. Preparing a lease for your rent isn`t as difficult as it sounds. A lease is a contract between you and your tenant and sets out the conditions necessary to make the agreement enforceable. Real estate leases longer than one year are covered by certain laws passed by all states known as the “Fraud Act.” Leasing rules may vary from land to land. Until now, there were two ways to take a lease in a rental contract: orally or in writing. There are several reasons to have a written lease, for both tenants and owners. The main reason for having a written lease for both parties is the unfortunate case where one party has to take the other to court for one reason or another. In New York State, for example, the law will only determine collection costs based on the information and agreements made in the written lease agreement.