Real Estate

A house or a real estate property is one of the most expensive assets a person can and will want to have in his lifetime. However, not everyone has the fortune to have one built up and live at the comforts of it. This is why these days, rental or lease agreements continue to thrive as they offer the same level of comfort and facilities without leaving too much financial burden to people. 

Nevertheless, as a landlord/rental property owner, although the likelihood of you earning a lot from your property is high, it is still vitally important that you put all your leasing terms in writing as simple verbal agreement no longer deems secure or reliable. 

The Difference between Rental and Lease Agreement

If you are considering to renting or leasing your property out, it is important to familiarize or strictly define the terms present in the agreement contract or form as there are a lot of potential tenants who are going to be interested in your property and not all of them can be trusted on. But first, you have to choose first between entering into a rental agreement or a lease agreement. 

What is a Lease Agreement?

A lease agreement is unlike a rental agreement in many ways although they are often thought of as the same thing. To put it simply, lease agreements are longer, stricter rental contract than a typical rental agreement. 

• Rental agreement is usually short term and the terms can be changed on a monthly basis including the rules, rental amount, and all other rental terms. Lease agreements, meanwhile, cover a longer period which may last from six months up to thirty long years particularly for commercial properties. The most commonly used duration, nonetheless, is one year. 
• Rental agreement practices automatic renewal of contract allegedly to save a lot of paper works and hassles since the contract ends on a short term basis. Here, all the rental agreement terms of the current contract carries over onto the new contract by default and the landlord has to manually intervene and ping the other party whenever changes on the terms go down. Meanwhile, in lease agreements, automatic renewal of lease is void. That is to say that as soon as the original contract expires, the landlord and the tenant will have to sign an all new contract with terms probably modified. In many cases, after the maturity of the original lease, the lease term can go through a diminishing manner. 

Both types of agreements are to follow what is stipulated in the state law regarding the advance notice period before any contract expiration or renewal. The most common grace period is thirty days, i.e. landlords are obliged to ping their tenants 30 days prior to the maturity of the contract and details of the changes in terms if there are any. 

• Now, in lease agreements, the terms and clauses stipulated in the contract cannot be altered or modified in the middle of the lease period. Therefore, if the tenant already signed a lease contract that is to expire after a year, the landlord cannot implement an increase in the lease amount and will have to wait until a month before the contract expiry of the original lease. The advance 30-day to contract expiry notice still applies. 
• Aside from the elements mentioned above, health and safety concerns may also be included in the terms like the lead paint disclosures or any information relating to health and safety of the tenants, landlords, and the rest of the community. 

Common Clauses of Both Rental and Lease Agreements

Although they may differ especially in terms of duration, both rental and lease agreements still share a lot of things in common. They are both legally binding agreements represented by a legal contract signed by both parties. The contract must include the following clauses:

1. Amount of Rent or Lease 

One of the vital elements in a lease or rental contract is the amount the tenant is obliged to settle on a periodical basis. Without this, a rental agreement can go out of hand and can put the rental property at a greater risk. 

1. Rental Property Owner

The name of the rental property owner, also known as the landlord or the lessor, must be clearly specified in the contract as well as the name of the renter, or also known as the tenant or the lessee.

1. The Start and End Date of the Contract and all that other important dates concerning the notice of expiry or payment
2. The terms of Security Deposit including the amount to be deposited and paid in advance as well as the dates where the security deposit is to be paid by and returned to the tenant. 
3. Specific Landlord Entry Terms (Tenants are given the right to privacy that even though they are only renting the property, landlords must still respect it.)
4. Move Out Terms and Procedures
5. Pet Policies. Although not all landlords are strict about pets, this clause becomes necessary especially on compound properties wherein other tenants may find it uncomfortable or unsafe with animals roaming around the area. 
6. Limitations about the Occupancy. Rental agreements run shorter when compared to lease agreements. Regardless, both types should include the occupancy or subleasing terms to ensure that those who have signed the lease agreement and the names included in the contract are the only ones to occupy the property unless the landlord permits otherwise. Moreover, the tenants will not be allowed to put the leased property for lease to other parties sans the rental property owner’s approval. 
7. Repair and Maintenance Rules. Not all renovations are good for a property even if they are for beautification especially if the landlord is not comfortable with it. This is why this clause is important. Both landlords and tenants should be clear about the particular maintenance obligations that the tenants must meet under the lease contract. Nevertheless, tenants are always deemed responsible for the cleanliness and order of the rented property. All permissions or prior notice of modifications or repairs shall be clearly defined in the contract for the rental property owner’s peace of mind. 
8. Illegal activities or other activities deemed harmful or disruptive to the neighborhood including excessive noise or dubious engagements. All landlords are advised to list out all prohibited practices or behaviors in the contract; violation of such shall constitute bases for contract termination. 

The Upsides of Lease Agreements to Landlords and Tenants

While a lot of people may say rental agreements are a friendlier option between the two, a lot of rental property owners and tenants still go for lease agreements for many valid, beneficial reasons. 

For the part of the tenant, the following are the advantages:

1. Reduced Initial Costs

During the construction of properties and buildings, it is not only the construction per se that needs capital. Before the building commences, the land must be acquired first. Oftentimes, the land has a significant say to the overall cost of the property and enhances the upfront development cost substantially. By entering into a lease agreement, as a tenant, you will no longer need to buy or save a lot for the land. Your land acquisition costs will automatically be eliminated.

1. Reduced Tax

Entering in a lease agreement is also beneficial in terms of associated tax deductions. For tenants like you, you can actually subtract the rental payments you will have to make on the structure or underlying land from its state and federal income taxes. Sans the tax fees, it could mean lesser mortgage obligations. 

For the part of the landlord, the following are what makes lease agreement a good deal: 

1. Reduced Tax

One upside for the landlord is the tax reduction he could be entitled to, i.e. if the property is being sold outright, it would need to identify a capital gain and pay taxes on that gain for the lease period in which the sale occurred. Meanwhile, entering into a lease allows the landlord to avoid an accumulated tax payment. Rather, the landlord can just take note of the rental income from the lease contract and only settle ordinary income tax based on that collected amount. 

1. Retention of Ownership

Another obvious benefit of putting the property for lease is ownership retention of the property. If the landlord runs as a large trust or corporation, long term development plans may be there or the interest to hold the property for future use may be likely. Thanks to lease agreement, this is made possible as the right to ownership is still retained under the name of the landlord.

As this is a very important, not to mention, expensive property being put at stake, putting everything in writing is outright necessary. The contract shall set as a barrier and a basis that ensures that both parties are on the same page. Investing a lot of time on the contract preparation is surely going to be worth it. 

Every landowner is supposed to know the essentials of a boundary to avoid making mistakes or having projects that would affect their neighbours thus have a conflict. Some of the boundary essentials include the following:

I. In most cases, land boundaries are created when a landowner divides a large tract of land into small pieces for sale. Therefore, to ensure that each land piece is demarcated, the owner of the land uses a boundary. The landowner has the responsibility of defining each of the boundaries because he or she owns the land and it is upon him or her to determine the piece of land he/she is willing to sell.

If you need help identifying your property boundaries, you will need to consult a chartered surveyor. Without an external surveyor to determine your boundaries, you may get into a boundary dispute with your neighbour. This may escalate in legal costs if you do not find a boundary dispute resolution.

II. The boundaries created are described in the earliest title deed (transfer or conveyance) because it cannot be altered in any way. The boundary definition can either be expressed in words or a drawn plan or as both. The main objective is to have the boundary in any form to have proof of the same.

III. The ambiguities that are found in conveyances are normal because the people who wrote the descriptions did not possess the skills of measuring the land or drawing accurate skills.

Therefore, they made errors when making plans or maps. These errors are not an exception but a norm and only an experienced land surveyor can accurately define and explain the boundaries.

IV. The dimensions that are included in conveyance plans should not be considered as legally binding because they do not have any statements of the measurement method used and lack quality control because little or none was applied.

V. Most transfer and conveyance plans of the twentieth century onwards were generated by the developer’s plans. These plans explain what the architect wanted to build and where he/she intended to be built.

With time, you might find out that some of the structures built aren’t supposed to be built on the land and they are built in awkward places. Therefore, if you are looking to develop the land or have a different setup, you may have to hire an architect to plan the land afresh and have the right plan.

VI. In case the information that’s contained in a title deed or deed plan is not clear, considering the intentions of the original vendor is the best approach.

For instance, you can determine what the vendor wanted with the description and the plan that’s attached to the deeds. With such information and the help of an expert, it is easier to determine what the original vendor wanted or was looking forward to in the long run.

VII. The land registry does not define property boundaries. As we have discussed above, the landowner is solely responsible for land boundaries. The land registry only compiles and maintain the register of titles.

Hence, if you own a piece of land, your title will be compiled by land registry and in case any of the boundaries need to be added to the registry, there are certain legal steps that you are supposed to follow as a landowner.

VIII. The land registry does not define property boundaries. This means that if the exact line of the boundary created requires registration, either you or your professional/legal adviser should tell exactly where the boundary is located to be documented.

The real estate market is an ever-evolving and a complicated sector. Over the years, the real estate market has seen significant development. Not only has it seen an increase in value but also follows a certain trend. The real estate market is constantly reforming, and therefore, the sector has seen a great regulation in the tax for the business environment.

The real estate marketers are, therefore following certain norms and trends to ensure proper business. Several countries have been able to jump in their economic position due to the boost in the real estate market. Moreover, the contribution of the companies and government to bring in the reforms has also helped to boost the business.

Mortgage rates will be high

As per experts, the mortgage rates will keep on increasing, which have been low in the past two years. The low rates were usually due to the recession and were generally below average. However, the rise would bring about significant economic growth. According to the reports, the mortgage reports are expected to go up by 5.8% defying the older rates.

Home buying power will decrease

Most of the homeowners have a limited budget for monthly payments. As the mortgage rates and prices will increase, the fixed rates would have a significant impact. The buying power would eventually decrease by 10% than the previous year. Comparatively, there are fewer buyers than usual, which are proving to be harmful to the market. Moreover, there is a slow market response as well, and the easing price is low as well. Therefore, the decrease in buying homes is a positive sign.

Price growth will slow down

According to the estimations for 2019, the appreciation value for homes will lower significantly. Comparatively, the appreciation rate may stand somewhere near 3%. This estimation is maintained based on inventory level property estimations for the future.

Regular buyers will see less competition

If you have been a constant investor and property purchaser, you will eventually notice less competitor this year. This is usually because the buyers are looking forward to reducing the price to avoid expensive properties. Nonetheless, this can get problematic for new buyers. This is mostly because the new housing properties that are coming up have a fixed amount with the rate being fixed for high to mid-range and not entry level.

Before investing in real estate properties, it is always suggested to look out for experts. Getting in touch with Papachristou immobiliers can eventually be a great help, and you can stay updated about the new trends as well.

Commercial property owners love to have their properties designed in such a way that they are suitable to their clients’ tastes. They want them to have an amazing exterior design. A point to be noted is that architectural concepts tend to give away the inner character and overall expectations of your client. It means that your commercial building must be able to articulate an exceptional extension of yourself. This is why you need to follow these tips suggested by Stendel Reich distribution center architects:

1. Select the best windows

Mostly, the windows you prefer to install on your commercial property must be durable. Modern office buildings look amazing with huge windows that lengthen up from the floor to the ceiling. On the contrary, if you are looking for traditional style, then you need rectangular white paned windows that are well placed. Always look into all the options so that you install durable and aesthetically appealing windows. Apart from durability, also look into ventilation and ease of cleaning as well.

2. Understand the importance of light

Light usually impacts the strength of a space. When using soft white light, it improves your décor and adds to the elegance of the space. Always compare various illumination designs to learn the impact of lighting in various areas to create a specific aura.

3. Textures suitable for commercial aesthetics

It becomes overwhelming to choose a design with a wide variety of options available in the market for your office exterior. Hence, always choose the ones that balance the durability with aesthetics. The design is a pure reflection of your personal style. For instance, a modern minimalist would go for cedar shingles or tumbled stones for a country styles. So, always consult a professional before you make any hefty investments.

4. Develop a cohesive area

Every section of your commercial property must look like they are in a sync and flow. Albeit, a challenging aspect, but you can use various materials that serve various functions to create a natural flow and synced layout. Moreover, always make the most of your knowledge to build natural transitions by blending the sections together.

5. Combine the colors

We recommend you to go for two shades of the same color. This is deemed the most effective and safest approach. You can use lighter or darker shades for the body and if you want a trim job, you can opt for the exact opposite. To pop it up, try using a third contrasting color.

The commercial real estate law in Canada comprises of 4 basic components (1) leasing, (2) investment, (3) development, and (4) the financing. Many commercial real estate leasing transactions include leasing agent services in Canada. These leasing agents are registered and possess a valid licence under the provincial legislation. The landlords normally hire these registered leasing agents who have a valid licence for commercial real estate transactions. The agents assist the landlords or tenants in understanding the real estate market terms and conditions, availability of properties for the purpose of lease or sale, and above all on the what and how about the commercial real estate business. Contact Forum Properties for all necessary commercial real estate information and for the various assistance of real estate leasing agents.

In fact, the role of property leasing services bakersfield ca is crucial in negotiating between the landowner or tenants and the real estate commercial houses. The process of negotiations often takes months in the cases of departure of the existing tenant or preparation of the premises for occupancy. Generally, the “binding offer” to lease is negotiated by the agents and the parties much before the formal lease. This is normally done either through the lawyer or without a lawyer.

The binding offer comprises the necessary terms and conditions which will be incorporated into the standard form of the commercial lease of the landlord. Based on these terms and conditions the landlord would prepare the standard form of lease. This terms and conditions would be incorporating all details including the provision of future amendments within the appropriate negotiating period.

While dealing with the taxes and fees, the landlord is supposed to bear the costs of the commissions of the agents both tenant as well as of the landlord. Besides the commissions, the provinces levy taxes on transactions as per their provincial law.

Any lease term in Ontario which exceeds 50 years including the renewal must pay a land transfer tax. In Toronto, municipal land transfer tax is levied for the lease of land. Both in Ontario and Toronto, the taxes are calculated on the existing land value. But Quebec has its own formula of calculating the land transfer tax which is levied if the term exceeds 40 years.

Similarly, the lease registration in British Columbia has the property transfer tax if the term exceeds 30 years. In some provinces, the tenant has the provision of registering the property transfer under federal government procedure and pay a nominal fee for the purpose. This involves the procedure of providing a notice ensuring the protection of the interests of the lease. The federal government as well as most of the provinces levy VAT which must be paid along with the land or property transfer taxes.

In the event of you being on the board of directors for your homeowner’s association and the HOA have been overseen by professional phoenix hoa management companies, you should have a copy of your present management agreement between the HOA management company and the association. The contract would hold valuable information essential for proper management of your homeowner’s association. It would be inclusive of different ways to terminating the contract.

With the end year approaching, several HOA management contracts would expire and would come up for renewal. You should not miss your chance to make a required change in the management. You should request a copy of your management contract along with carefully reviewing it with other members of the board of directors. It would be imperative for exploring the various options you have for terminating the management agreement.

Duration of the contract

It would be imperative to take the duration of the contract into consideration. You should determine how long the contract would last. It could range from one to three years. In the event of the contract automatically renewing, you would be required to consider the time period that it would automatically renew for.

The termination clause in the contract

In the event of your HOA looking forward to terminating the contract with their present company, you would be required to find out the stipulations prevalent for termination of the contract. You should consider whether you would be required to give notice for 30, 60, or 90 days. Would you look forward to giving notice thirty days prior to the effective date? In such an event, it would be imperative for all board members to know of the effective date of the contract. Moreover, you should be aware of how the notice should be given.

It would be essential that you look forward to establishing whether there have been any termination penalties entailed with the termination of the contract early.

Brokers are the key to a successful investment in the real-estate sector. Whether it’s the purchase of a residential property or buying commercial complexes for business, brokers know how to crack a perfect deal. Indeed, they’re the best mediators and perfect property assistants that can help you in investing your money wisely. Having said that, hiring any random broker may not be a wise choice, in fact, it’s precarious.

Considering the impact of their contribution, you should be very alert while hiring them. One of the best real-estate agencies you can trust to find the best brokers and properties at includes Baudinet.ca. The reasons include;

• Such firms hire only experienced brokers with vast practical knowledge
• They feature a bundle of best properties to cater to your needs
• They have transparent policies for residential as well as commercial deals

Moving on, the things that you should keep in mind while investing in any property include the following.

1. Location And Your Requirement

Undoubtedly, prime locations that are nearest to the transportation points, grocery stores, schools, and offices are the best. But, the definition of ‘IDEAL’ location differs. It depends upon a lot of factors including budget and preference.

A centrally built property, despite its location, might not be ‘IDEAL’ for someone looking for quiet surroundings. Therefore, always mention your preference when hiring a broker to find the best deals for you.

2. Budget And Locality

A locality is more about the kind of neighbors rather than the location itself. And the prices of properties depend upon location. When searched in the right way, you can always find the best places that are well within your budget.

When brokers are aware of what you want – prime location or quiet location, prime location with a vast neighborhood or a quiet location with fewer neighbors – the options significantly increase.

Such precise instructions help brokers in finding the right places for you that are affordable as well as classy.

Also, always mention whether you prefer villas/bungalows or apartments in a building.

Why Hire Brokers?

It’s quite tempting to exclude brokers from the search when you already know what you need. But, the idea isn’t necessarily wise. Brokers working with firms like Baudinet.ca have years of experience. Having them work for you will always work in your favor in the following ways.

• You’ll never fall at the hands of fraudsters. Brokers at reputable real-estate firms are trustworthy.
• You’ll have a lot of variety to choose from. Web catalogs at such firms feature multiple properties for residential purposes, commercial purposes, as well as for the purpose of renting.