Can this agreement be signed electronically?

Yes. Electronic signatures are generally enforceable under the ESIGN Act and UETA where adopted, provided the parties demonstrate intent, consent to transact electronically, attribution of the signature, and reliable record retention.

Is notarization required?

Not generally required for an Exclusive Right To Rent Agreement; however, some states or lenders may require notarization for certain authorization or power-of-attorney attachments. Check state notary rules before execution.

Who can sign on behalf of an entity?

An authorized officer or an individual with a written power of attorney can sign for an LLC or corporation. Obtain corporate resolutions or POAs to avoid later challenges to authority.

What happens if an owner leases independently?

If the agreement grants exclusive rights, owner-initiated leases during the term may still trigger commission obligations depending on the agreement's language; clarify exclusions and owner-reserved rights in the contract.

How should tenant screening criteria be documented?

Document objective criteria (credit score minimums, income multiple, background checks) inside the agreement or an incorporated policy to reduce fair housing risk and disputes about applicant rejection.

How long should parties retain signed agreements?

Retain executed agreements for the term plus at least three years; longer retention may be required for tax, litigation, or industry-specific rules such as HIPAA.

Electronic Signature
Templates
Real estate
Exclusive Right To Rent Agreement

Exclusive Right To Rent Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EXCLUSIVE RIGHT TO RENT AGREEMENT

Parties

Owner / Landlord:

Owner Mailing Address Owner Phone Owner Email

Broker / Agent:

Brokerage Name Broker License Number Broker Address Broker Phone / Email

Property

Property Address

Parcel / APN: Possession Date:

Legal Description

Appointment; Exclusive Right to Rent

Owner hereby grants Broker the exclusive right to rent the Property described above for the Term set forth below. During the Term Broker has the exclusive authority to list, market, show, and to procure tenants for the Property, and Owner agrees not to engage any other broker or to independently negotiate rental of the Property without first terminating this Agreement in accordance with its terms.

Term of Agreement

Commencement Date: Termination Date:

This Agreement shall remain in effect for the Term above and for any signed lease procured by Broker during the Term. Owner acknowledges that Broker's right to compensation survives termination as provided in this Agreement if a Tenant procured by Broker executes a lease within days after termination.

Compensation & Fees

Commission: Owner agrees to pay Broker a commission equal to of the total lease term gross rent, or a flat fee of , whichever is selected by broker and agreed in writing.

Commission Payable: Commission is due and payable upon the earlier of (a) execution of a lease by a tenant procured by Broker, or (b) the tenant taking possession of the Property. Owner authorizes application of any holding deposit toward payment of Broker commission as provided in the lease or deposit agreement.

Holding Deposit Amount: Held By (Name/Account):

Marketing, Advertising, and Showing

Broker is authorized to place signs, advertise, list the Property on multiple listing services and other media, and to hold open houses. Owner authorizes Broker to use photographs and floor plans of the Property for marketing purposes.

Advertising Expenses Paid By: Owner Broker Shared (specify: )

Tenant Screening & Applications

Broker shall screen prospective tenants, obtain applications, credit reports, background checks, and references. Application fees collected shall be applied as directed by Owner: Owner retains fees Broker retains fees

Owner authorizes Broker to reject applicants who do not meet Owner's written criteria or who present unacceptable screening results. Broker shall not unlawfully discriminate in tenant selection.

Security Deposit, Rent Collection & Trust Handling

Owner designates the following account for holding tenant security deposits and rents received on Owner's behalf:

Broker shall remit rents to Owner less authorized fees within business days after receipt, together with accounting statements unless otherwise agreed in writing.

Maintenance, Repairs & Access

Routine maintenance and repairs costing less than may be authorized by Broker without prior Owner approval. Repairs above that amount require Owner authorization except in emergencies that threaten health, safety, or preservation of property.

Owner shall provide Broker with keys, alarm codes, and access information necessary for showings and management:

Insurance, Indemnity & Warranties

Owner warrants that Owner is the lawful owner of the Property and has full authority to enter this Agreement. Owner agrees to maintain property and liability insurance covering the Property and to hold Broker harmless from claims arising from Owner's failure to maintain insurance or to disclose material facts.

Owner confirms insurance carrier: Policy Number:

Disclosures

Lead-Based Paint (if dwelling built before 1978): Yes No

Known Mold or Water Intrusion: Yes No If Yes, describe:

Prior Structural Damage or Major Repairs: Yes No If Yes, describe:

Default; Remedies; Termination

If Owner materially breaches this Agreement, Broker may terminate this Agreement and pursue recovery of fees and damages. If Broker breaches material duties described herein, Owner may terminate upon written notice and pursue available remedies at law or equity. Owner agrees that money damages may be inadequate and that Broker is entitled to equitable relief, including specific performance, for breaches affecting Broker's right to compensation.

Governing Law; Entire Agreement; Severability

This Agreement shall be governed by the laws of the state where the Property is located. This Agreement constitutes the entire agreement between Owner and Broker regarding the exclusive right to rent the Property and supersedes all prior agreements, whether written or oral. If any provision is held invalid, the remaining provisions shall remain in full force and effect.

Miscellaneous Provisions

Notices required under this Agreement shall be in writing and delivered to the addresses provided above, or to such other address as a party may designate in writing. Time is of the essence with respect to Owner's obligations to execute leases and to approve repairs as required herein.

Acknowledgement

By signing below Owner and Broker acknowledge they have read and understood this Exclusive Right to Rent Agreement and agree to be bound by its terms.

Owner Printed Name:

By:

Date:

Broker Printed Name:

By:

Date:

What the Exclusive Right To Rent Agreement Is

An Exclusive Right To Rent Agreement is a written contract that gives a designated agent or management company the sole authority to market and lease a specific rental property on behalf of the owner for a defined period. It sets the scope of authority, compensation, marketing responsibilities, term length, and conditions for tenant selection. The agreement allocates duties such as showings, screening, rent collection, and maintenance coordination, and establishes what constitutes an approved tenant, cancellations, and renewal options.

Why an Exclusive Right To Rent Agreement Matters

This agreement clarifies responsibilities, prevents duplicate listings by multiple agents, and creates enforceable rights to commission or fees while documenting procedures for tenant placement and property access.

Who Typically Uses an Exclusive Right To Rent Agreement

Identifying the correct party and authority upfront reduces disputes and clarifies exactly who may bind the owner during the term.

Individual landlords who prefer a single point of contact for tenant placement and management.
Property management firms representing multiple owners for marketing and leasing operations.
Real estate brokerages that list and lease rental units under a broker-managed program.

Essential Parts of a Professional Exclusive Right To Rent Agreement

A complete agreement balances operational detail with clear legal terms to limit disputes. Include authority, term, compensation, tenant criteria, liability allocation, and termination provisions.

Exclusive Authority

Specifies that the agent has sole leasing rights and whether the owner may lease independently without owing a commission.

Term Length

Defines start and end dates and any automatic renewal or holdover provisions affecting commission entitlements.

Compensation

States commission or fee structure, payment timing, and conditions for payment on lease execution or occupancy.

Tenant Standards

Lists minimum credit, income, criminal background, and occupancy rules the agent must follow when screening applicants.

Agent Duties

Outlines marketing methods, showing responsibilities, application processing, and rent-collection duties during the term.

Termination and Remedies

Explains early termination rights, cure periods, indemnities, and the effect of owner-initiated leasing on commission.

Step-by-Step: Completing the Agreement

Follow these steps to fill out, review, and finalize the Exclusive Right To Rent Agreement accurately.

01

Prepare Documents: Gather property title, owner ID, and prior lease data.
02

Fill Core Fields: Enter names, address, effective date, and term.
03

Define Compensation: Specify commission, payment timing, and expenses.
04

Review and Sign: Confirm parties, sign, and date the document.

Typical Execution and Routing Flow

A clear routing sequence avoids delays; identify who must sign and in what order before sending for signature.

Owner Signs: Owner reviews and signs to grant exclusive authority.
Agent Signs: Agent countersigns to accept duties and compensation terms.
Witness or Notary: If required, obtain witness signatures or notarization per state law.
Distribution: Provide executed copies to all parties and retain originals.

Configuring an Online Signing Workflow

When using an eSignature platform, configure fields and authentication to match legal and operational needs.

Field	Configuration
Signature Block	Assign to owner and agent; require date field with MM/DD/YYYY format.
Initials	Place on each page to confirm page-by-page acknowledgement.
Authentication	Use email + SMS code or stronger ID verification for higher-risk leases.
Retention	Enable tamper-evident PDF and store audit trail with signer metadata.

Digital Signing and Delivery Considerations

Confirm the platform supports required notarization, witness capture, and record retention before e-signing.

File Formats: PDF and DOCX support for preservation and editing control.
Integrations: Connectors for property management software and cloud storage.
Security: TLS in transit and AES-256 at rest are industry standard.

Key Timelines and Deadlines to Track

Track dates that affect commission, tenant offers, and termination rights so both parties understand critical timing.

Effective Date:

MM/DD/YYYY — starts exclusive period.

Commission Trigger:

Lease execution or tenant move-in date as specified.

Marketing Period:

Dates agent may advertise or accept applicants.

Termination Notice:

Number of days required for owner to end agreement early.

Renewal Window:

Timeframe to negotiate renewal or extension before expiration.

Common Mistakes to Avoid

Vague term definitions that leave commission triggers unclear.
Failing to record full legal owner name or entity details.
Not specifying tenant screening criteria or application procedures.
Skipping notarization or witnesses where state law requires them.

Risks and Legal Consequences of Errors

Commission Disputes: May lead to litigation or arbitration and unexpected liability.

Contract Voidance: Material omissions risk unenforceability in some jurisdictions.

Regulatory Breach: Failure to follow state landlord-tenant rules can trigger penalties.

Privacy Violations: Improper handling of applicant data may violate state or federal privacy laws.

Notarization Errors: Incorrect notarization can invalidate certain acknowledgements.

Ineffective Service: Incorrect owner contact details can prevent legal notices from being effective.

Sample eSignature Vendor Comparison for Leasing Workflows

Platform cost and compliance affect the signing process for Exclusive Right To Rent Agreements; signNow is listed first for parity in comparison.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Verify	Verify	Verify	Verify
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Practical Tips for Accurate and Efficient Completion

Adopt consistent templates and clear workflows to reduce errors and accelerate tenant placement.

Use Standardized Templates

A single vetted template reduces drafting errors and ensures consistent terms across properties.

Verify Signer Authority

Confirm signatory authority for corporate owners by obtaining a resolution or power of attorney where needed.

Keep Audit Trails

Retain digital signatures with a tamper-evident audit trail showing timestamps, IP addresses, and signer authentication.

Record Amendments

Document any changes via signed amendments rather than handwritten notes to avoid enforceability questions.

How Organizations Use Exclusive Right To Rent Agreements

Real-world examples illustrate common implementations and outcomes when the agreement is used correctly.

Optica Ventures

A single manager was appointed for a multifamily asset to centralize leasing processes and reduce vacancy turnover.

The manager handled all marketing and screening.
Centralized authority reduced time-to-lease and clarified commission disputes for the owner.

Martin Properties

A small landlord used an exclusive term to engage a local broker during peak leasing season.

The broker guaranteed targeted advertising.
The exclusive arrangement simplified tenant placement and ensured the broker's compensation on successful leases.

Frequently Asked Questions

Answers to common questions about execution, enforceability, and practical concerns when using an Exclusive Right To Rent Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally enforceable under the ESIGN Act and UETA where adopted, provided the parties demonstrate intent, consent to transact electronically, attribution of the signature, and reliable record retention.
Is notarization required?
Not generally required for an Exclusive Right To Rent Agreement; however, some states or lenders may require notarization for certain authorization or power-of-attorney attachments. Check state notary rules before execution.
Who can sign on behalf of an entity?
An authorized officer or an individual with a written power of attorney can sign for an LLC or corporation. Obtain corporate resolutions or POAs to avoid later challenges to authority.
What happens if an owner leases independently?
If the agreement grants exclusive rights, owner-initiated leases during the term may still trigger commission obligations depending on the agreement's language; clarify exclusions and owner-reserved rights in the contract.
How should tenant screening criteria be documented?
Document objective criteria (credit score minimums, income multiple, background checks) inside the agreement or an incorporated policy to reduce fair housing risk and disputes about applicant rejection.
How long should parties retain signed agreements?
Retain executed agreements for the term plus at least three years; longer retention may be required for tax, litigation, or industry-specific rules such as HIPAA.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now