I have been involved in the property management business for many years, and I have found that one factor contributes more to the success or failure of the landlord tenant relationship than anything else.

Here's the bottom line: Both parties need to have a clear understanding of their obligations under the rental agreement.

While this would seem obvious, I am amazed at the number of renters who never bother to read the multi-page document which constitutes their rental agreement. That's almost like signing a purchase agreement without knowing what the price is going to be.

The Georgia law is fairly vague on the subject of what may or must be included in a rental agreement. In fact, if the lease is for a period of one year or less, there is no requirement under law that the agreement be in writing. But even the most naive renter knows better than to accept a rental under nothing more than a verbal contract.

The simple basis of residential landlord-tenant law is that the landlord has a duty to repair, and the tenant has a duty to pay rent. Beyond that premise, most of the details are left up to the parties. But if those details are not comprehended in the first place, disaster can follow close behind.

Failure to clearly understand the rental agreement is most often detrimental to the tenant.

Most leases set forth a number of terms and conditions for living at the property, and if the tenant fails to meet those terms and conditions, he is subject to being evicted and possibly losing his security deposit.

Typically, the landlord provides the written rental agreement, and the landlord is most familiar with its provisions.

If you are thinking about signing any rental agreement, here are some basic terms and conditions you need to look for and understand before you sign on the dotted line:

* What is the term of this rental agreement? When do you have to move out, and do you have to give notice of your intention to leave or stay?

All too often tenants mistakenly believe that they can move out on the first day of the month, when in fact, most leases require that they vacate on the last day of a month. In addition, many leases specify that if you are still in the house on the first, you must pay for the entire month.

* What is the monthly rental amount and must it be paid in advance? Is there a discount for early payment, or a fee for late payment, or both? Will the landlord accept personal checks? What happens if a check bounces?

And here is the biggest misconception in the history of renting: If you mail the check to the landlord, do you get credit for the postmark date on the letter?

Of course, the answer is no. I once had a tenant who swore in court that he had, in fact, mailed the rent to the appropriate address in Atlanta, several days before it was due. He ended up being evicted for nonpayment of his rent.

Several months later the envelope arrived, having been misdirected to Atlanta, Texas, a thriving and vibrant community south of Texarcana.

* What is the amount of the security deposit and exactly what happens when you move out at the conclusion of the term?

As a tenant, you should demand a written move-in inspection detailing the condition of the property before you move in. If you disagree with anything on that list, you should note that disagreement on the form before you sign it.

Almost all security deposit disputes focus on the condition of the property at the time of move-in versus move-out.

Georgia law specifies that this move-in inspection, in writing, shall be the definitive document in determining whether or not the landlord is entitled to keep any or all of your security deposit for damages. Do not move into any rental dwelling until you receive your move-in inspection form.

* Who is responsible for utilities, and who is responsible for maintenance and pest control?

Unless otherwise stated, most leases require the resident to pay for utilities and to provide basic yard and exterior maintenance, such as mowing the lawn, trimming the shrubs, and cleaning out the gutters. Typically, pest control is the responsibility of the tenant.

This can be an unpleasant surprise to tenants who move from an apartment, where many of these services may have been provided, into a rental house, where they usually are not.

* What is the proper procedure for requesting repairs?

Most leases require the tenant to notify the landlord in writing of needed repairs. Otherwise, the tenant could later claim that a requested repair was never addressed and attempt to use that as a basis for nonpayment of rent.

The reality is that few tenants will send a certified letter about a leaky faucet or a faulty water heater. Instead, most simply call the manager. Find out how the landlord wishes to communicate, then follow those instructions.

I recommend that the landlord and the prospective tenant meet and review verbally each paragraph of their rental agreement. Only in this way is there an opportunity for both parties to arrive at a clear understanding of their rights and obligations to each other.

This understanding, plus a commitment to open communication between the parties, is the best formula for success in the landlord tenant relationship.