If the landlord is not represented by a broker, I would use an "Unrepresented Landlord Fee Agreement". It makes clear that you represent the tenant but the landlord will pay your commission. Be sure to specify at what point you get all or part of your commission -- 1) at lease signing (where the tenant usually pays at least the 1 month rent and the security deposit); 2) at tenant move-in (where the tenant pays another month rent in advance). My recommendation is that your fee be based on $ per sq ft rather than a % of the lease for the first year with % increases reflecting the increase in rent for subsequent years. Don't forget to add up the commission for each year of the lease.
May 7, 2010