What are the Benefits of Using an Attorney to Draft a Lease Agreement?

What if a simple lease mistake ended up costing you thousands—or your rental property altogether?

Whether you’re renting out your first investment property or signing a commercial lease, having the right lease agreement in place is one of the most important legal protections you can have. In North Carolina, lease agreements are binding contracts—but only if they comply with state laws and clearly spell out each party’s rights and responsibilities.

At Rountree Losee LLP, our Wilmington real estate attorneys regularly help landlords and tenants draft, review, and negotiate leases. Here’s why working with a local attorney is worth it—and how we can help you avoid the pitfalls of generic lease templates.

What Are the Benefits of Having an Attorney Draft Your Lease Agreement?

You get more than a form—you get legal strategy. Below are key reasons to hire a real estate attorney when creating your lease:

1. Legal Knowledge + Custom Terms Built for You

North Carolina landlord-tenant law includes specific rules that must be followed—including rules about security deposits, notice periods, and habitability requirements. An experienced Wilmington real estate attorney will:

• Draft terms that reflect your specific property and rental arrangement
• Ensure clauses are enforceable under North Carolina General Statutes (such as § 42-46 on late fees and § 42-25.6 on lease termination)
• Anticipate potential risks and draft around them

Whether you’re leasing to a residential tenant or entering into a commercial lease, your needs are not one-size-fits-all—and your lease shouldn’t be either.

2. Clarity That Prevents Future Conflicts

A strong lease does more than check legal boxes. It sets expectations.

Your attorney will make sure the lease is written in plain, understandable language, reducing the chance of confusion later on. Clear terms around rent, repairs, entry notices, and more can stop misunderstandings before they start—and help keep the rental relationship on good terms.

3. Protection If Something Goes Wrong

If a dispute arises over nonpayment, property damage, or early termination, your lease is the first document the court will review. A well-drafted lease gives you the advantage:

• For landlords: It can support eviction proceedings or collection of damages.
• For tenants: It can protect your rights if you’re being wrongly held responsible or threatened with unlawful penalties.

Having an attorney involved from the start helps ensure your lease holds up if it’s ever challenged in court.

4. Built-In Dispute Prevention—and a Backup Plan

Even with the best intentions, landlord-tenant relationships can go sideways. Your lease should include dispute resolution provisions that explain what happens if one party violates the agreement. Mediation clauses, attorney fee provisions, and detailed notice requirements can help resolve disagreements faster—and on better terms.

Need Help Drafting or Reviewing a Lease in Wilmington, NC?

Whether you’re a property owner trying to protect your investment or a tenant negotiating fair terms, our real estate attorneys at Rountree Losee LLP are here to help. We bring decades of experience in North Carolina real estate law and a personalized approach to every lease agreement we draft.

Get Your Lease Done Right With Our Real Estate Attorneys

Don’t risk costly mistakes with a generic lease. Get the legal clarity and protection you need by working with a trusted Wilmington real estate attorney. Contact Rountree Losee LLP today to schedule a consultation. We’ll help you draft or review a lease agreement that’s clear, enforceable, and built to protect your future.