Leasing Agent Agreement Template

Leasing Agent Agreement Template

This Leasing Agent Agreement (the “Agreement”) is made and entered into as of [Effective Date] (the “Effective Date”) by and between:

Owner/Client: [Owner Name], [Entity Type], with an address at [Owner Address] (“Owner”).
Leasing Agent: [Agent Name / Brokerage], [Entity Type], with an address at [Agent Address] (“Agent”).

Owner and Agent may be referred to individually as a “Party” and together as the “Parties.”

1. Property Details

1.1 Property. The property covered by this Agreement is located at: [Property Address] (the “Property”).
1.2 Units Covered. ☐ Single-family home ☐ Multi-unit building ☐ Specific unit(s): [Unit Numbers] ☐ Other: [Describe].
1.3 Rental Terms Target (Optional). Target rent: $[]/month; lease term: [] months; move-in date: [Date].

2. Appointment and Scope

2.1 Appointment. Owner appoints Agent to provide leasing and tenant placement services for the Property during the Term.
2.2 Services Included. Agent will provide the following services:

• Market the Property and create listings

• Coordinate and conduct showings

• Collect applications and required disclosures

• Conduct tenant screening (credit/background) as authorized

• Recommend qualified applicants to Owner

• Coordinate lease preparation using Owner-approved forms

• Support move-in coordination (handoff to property manager if applicable)
  2.3 Services Excluded. Agent will not provide: ongoing property management, maintenance coordination, rent collection, or legal advice, unless expressly stated in writing.

3. Authority and Owner Approvals

3.1 Approval Required. Owner must approve in writing:

• Final tenant selection

• Final rent amount and lease term

• Any concessions (free rent, discounts, move-in credits)

• Any lease addenda or special terms
  3.2 Signing Authority. Agent may sign the lease on Owner’s behalf: ☐ Yes ☐ No. If yes, authority is limited to: [Limits].
  3.3 Deposits and Fees. Agent may collect:
  ☐ Application fees
  ☐ Holding deposits
  ☐ Security deposits
  only as permitted by law and as directed by Owner in writing.

4. Marketing and Advertising

4.1 Marketing Plan. Agent will market the Property using: ☐ MLS ☐ Online platforms ☐ Signage ☐ Social media ☐ Other: [Channels].
4.2 Advertising Budget. Advertising costs are: ☐ Included ☐ Paid by Owner ☐ Reimbursable with approval (cap: $[__]).
4.3 Photo/Video Access. Owner authorizes Agent to photograph and record the Property for marketing purposes.
4.4 Fair Housing Compliance. All advertising and showings will comply with applicable fair housing laws.

5. Tenant Screening and Compliance

5.1 Screening Criteria. Owner’s screening criteria are: [Income multiple, credit score, rental history, etc.].
5.2 Screening Authorization. Owner authorizes Agent to obtain screening reports: ☐ Yes ☐ No.
5.3 Applicant Data. Agent will handle applicant data securely and use it only for leasing decisions, consistent with applicable law.
5.4 Adverse Action (If Applicable). If screening is used, adverse action notices are handled by: ☐ Agent ☐ Owner ☐ Screening vendor, as permitted by law.

6. Compensation

6.1 Commission Structure. Owner will pay Agent:
☐ Flat fee of $[] per executed lease
☐ []% of the first month’s rent
☐ []% of annual rent
☐ One-half month’s rent
☐ Other: [Terms]
6.2 When Earned. Commission is earned when:
☐ Lease is signed
☐ Tenant moves in
☐ First month’s rent is paid
☐ Other: [Trigger]
6.3 Payment Timing. Commission is due within [] days after it is earned.
6.4 Early Termination / Default (Optional). If the tenant terminates or defaults within [] days, commission is: ☐ Not refunded ☐ Partially refunded: [Rule] ☐ Other: [Terms].
6.5 Renewals (Optional). If Agent negotiates a renewal, renewal fee is: ☐ None ☐ $[] ☐ [__]% of monthly rent ☐ Other: [Terms].

7. Term and Termination

7.1 Term. This Agreement begins on the Effective Date and continues until [End Date] or until a tenant is placed, whichever occurs first, unless terminated earlier.
7.2 Termination for Convenience. Either Party may terminate with [] days’ written notice.
7.3 Termination for Cause. Either Party may terminate if the other materially breaches and fails to cure within [] days after notice.
7.4 Protected Prospects (Optional). If Owner leases to a prospect introduced by Agent within [__] days after termination, Agent is entitled to the commission: ☐ Yes ☐ No ☐ Limited to: [Terms].

8. Records and Reporting

8.1 Activity Updates. Agent will provide updates: ☐ Weekly ☐ Biweekly ☐ As requested ☐ Other: [Frequency].
8.2 Application Records. Agent will keep records of applications, showings, and screening results (as permitted by law) for [__] months.
8.3 Return/Destruction of Data. After the Term, applicant data will be: ☐ Returned to Owner ☐ Destroyed ☐ Retained as required by law.

9. Liability and Indemnification (Optional)

9.1 Standard of Care. Agent will perform services professionally and in good faith.
9.2 Limitation of Liability. To the extent permitted by law, neither Party is liable for indirect or consequential damages.
9.3 Indemnification. Each Party will indemnify the other for third-party claims arising from its breach, negligence, or misconduct, to the extent permitted by law.

10. Confidentiality (Optional)

10.1 Confidential Information. Non-public information about the Property, pricing, and applicants is confidential.
10.2 Use and Disclosure. Confidential Information may be used only to perform this Agreement and not disclosed except to those who need to know and are bound by confidentiality obligations.
10.3 Exclusions. Confidential Information does not include information that is public through no breach, independently developed, or received lawfully without restriction.

11. Notices

11.1 Notice Method. Notices must be sent by: ☐ Email ☐ Certified mail ☐ Courier ☐ Other: [Method].
11.2 Notice Contacts.

• Owner Email: [Email]

• Agent Email: [Email]

12. Governing Law and Dispute Resolution

12.1 Governing Law. This Agreement is governed by the laws of [State].
12.2 Dispute Resolution. Disputes will be resolved by:
☐ Informal negotiation
☐ Mediation
☐ Arbitration
☐ Court litigation in [County, State]
12.3 Attorneys’ Fees (Optional). Prevailing party attorneys’ fees: ☐ Yes ☐ No ☐ Limited to: [Details].

13. Miscellaneous

13.1 Entire Agreement. This Agreement is the entire agreement regarding leasing services.
13.2 Amendments. Amendments must be in writing and signed by both Parties.
13.3 Assignment. Neither Party may assign without the other Party’s written consent.
13.4 Severability. If any provision is unenforceable, the rest remains effective.
13.5 Counterparts; Electronic Signatures. This Agreement may be signed in counterparts and by electronic signature.

Signatures

By signing below, the Parties agree to be bound by this Leasing Agent Agreement as of the Effective Date.

Owner/Client: [Owner Name]
Title/Role (if applicable): [Title]
Date: [Date]
Signature: ___________________________

Leasing Agent: [Agent Name / Brokerage]
Title/License (if applicable): [Title/License]
Date: [Date]
Signature: ___________________________