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Tenant Agency Agreement for the United States

Tenant Agency Agreement Template for United States

A Tenant Agency Agreement is a legal document used in the United States that establishes a professional relationship between a tenant and a real estate agent/broker who will represent their interests in finding and securing a rental property. The agreement outlines the scope of services, responsibilities, compensation structure, and terms of representation, while complying with federal and state-specific real estate laws, including the Fair Housing Act and state licensing requirements.

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What is a Tenant Agency Agreement?

The Tenant Agency Agreement serves as a crucial document in the U.S. real estate market, establishing the formal relationship between a tenant seeking rental property and their chosen real estate representative. This agreement is particularly important in competitive rental markets where professional representation can provide significant advantages. The document typically includes detailed service descriptions, commission structures, and duration terms, while ensuring compliance with both federal and state-specific real estate regulations. It protects both parties' interests by clearly defining the scope of the agent's duties and the tenant's obligations throughout the property search process.

What sections should be included in a Tenant Agency Agreement?

1. Parties: Identification of the tenant and the agent, including full legal names and addresses

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of services the agent will provide

5. Agent's Responsibilities: Specific duties and obligations of the agent

6. Tenant's Responsibilities: Specific duties and obligations of the tenant

7. Term and Termination: Duration of agreement and termination conditions

8. Compensation: Fee structure and payment terms

What sections are optional to include in a Tenant Agency Agreement?

1. Exclusivity: Terms of exclusive representation, applicable when the agreement is exclusive

2. Virtual Services: Provisions for remote or digital services, including virtual property viewings

3. International Considerations: Special provisions for international clients and non-US residents

What schedules should be included in a Tenant Agency Agreement?

1. Schedule A - Fee Schedule: Detailed breakdown of all fees and charges

2. Schedule B - Services Description: Comprehensive list of services provided

3. Appendix 1 - Agency Disclosure Form: State-required agency relationship disclosure

4. Appendix 2 - Property Requirements: Tenant's specific property requirements and preferences

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Clauses















Industries

Fair Housing Act (FHA): Federal law prohibiting discrimination in housing transactions based on protected characteristics including race, color, religion, sex, national origin, disability, and familial status. Covers advertising, showing properties, and tenant selection processes.

Americans with Disabilities Act (ADA): Federal legislation requiring reasonable accommodation for disabled individuals and considerations for accessibility in housing and real estate services.

Fair Credit Reporting Act: Federal law governing the collection, dissemination, and use of consumer credit information, particularly relevant for tenant screening processes.

State Real Estate Licensing Laws: State-specific regulations governing real estate agent/broker licensing requirements, disclosure obligations, and agency relationship definitions.

State Landlord-Tenant Laws: State-specific legislation defining rights and responsibilities of landlords and tenants, including security deposit regulations and notice requirements.

State Consumer Protection Laws: State-level regulations protecting consumers from unfair trade practices and requiring specific fee disclosures in real estate transactions.

NAR Code of Ethics: Professional standards and ethical requirements established by the National Association of REALTORSยฎ for member agents.

State Real Estate Commission Rules: Regulatory requirements established by state real estate commissions governing professional conduct and documentation requirements.

Local Municipal Regulations: City or county-specific rules affecting real estate transactions and tenant-agent relationships.

ESIGN Act: Federal law governing the validity of electronic signatures in real estate transactions and contracts.

Data Privacy Laws: Federal and state regulations governing the collection, storage, and protection of personal information in real estate transactions.

Agency Disclosure Requirements: State-mandated rules requiring real estate agents to disclose their agency relationships and responsibilities to all parties in the transaction.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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