The Lease
So, you’ve found a place that you like and is available. Your next step is to talk to your landlord and ask him some key questions such as: How long can I rent? Must I rent over the summer? Can I sublet the apartment? When is the security deposit due? What does it cover? When is the rent due? Is the rent based per person or for the apartment? Who pays the utilities? Are pets allowed? Is off-street parking provided? What painting or decorating can I do? Who is responsible for repairs of malfunctioning appliances? Do not rent a place, sign a lease or pay any rent without first inspecting it thoroughly. Sometimes you are required to put some money down to hold a place until the paperwork is finalized. Make sure you get a receipt and a signed statement saying you will get a full refund if it is found unsuitable. Before moving in, inspect the apartment with the landlord present. Make sure the faucets work, electric outlets and light switches work, windows have no cracks, as well as, walls and ceilings, the oven works and etc. Make a complete list of all problems and previous damages. (Use the 'Checklist' provided elsewhere in this document)
Verbal (Lease) Agreements
Although it is nice to be a trusting person, to have faith in your fellow man and to be of sound mind so that you don’t ever forget things, sometimes matters can not be handled on the basis of trust alone. When making arrangements involving money, responsibility and liability, it is imperative to take the appropriate steps necessary to insure that all parties involved know obligations, their liability limits, and the parameters of their responsibility. At times, you will encounter those individuals who insist on a verbal agreement concerning your rental of the premises. One thing to remember about verbal agreements is THEY ARE AS GOOD AS THE PEOPLE WHO MAKE THEM. If you enter a verbal lease, make sure you take time to get to know the landlord. Verbal agreements are legal but even with a witness, it is hard to prove what was agreed upon. Specifics aren’t usually worked out, so if problems occur your landlord can request you to leave with 30 days written notice. Be sure to get receipts for deposits and cash payments for rent. If you pay by check, indicate on the front of your check the reason for the check (i.e. rent for 9-1-92 to 9-30-92 or security deposit or etc.). Keep all cancelled checks and receipts for your records. Usually verbal contracts are on a month to month basis, unless you specifically agree to a different term. This allows you to end your tenancy with written notice on the first of that month. On the other hand, the landlord can raise the rent or ask you to leave in the same 30 days.
WRITTEN LEASE
A written lease contains conditions that are binding to you and your landlord. It is imperative to understand and know what it is you are signing. Remember if you are 18 or older, by law you are considered responsible for any and all actions you take. It is difficult to break or change a lease without one side surrendering a sum of money. You might want to consult a lawyer to review the lease for you BEFORE you sign it. If you wish to review or discuss your lease here are some items your lease should contain: Names - your’s and your landlord’s Address - specific to property and apartment number Dates - length of lease Rent - explanation of rent payment procedures, amount, due date, late penalty , when rent can be increased Termination or Renewal - when should landlord/renter be notified, specific procedures Deposits - what is amount, when is it due, when will it be returned, clause stating no deduction for normal wear and tear Maintenance and Repairs - who is responsible for what Utilities - who pays for what, who takes care of repairs Subletting – will subletting be permitted, any restrictions? Sometimes clashes between landlord and tenant can be avoided when the two are aware of their rights. Here are some of the general laws, subject to waiver (Waiver is a term in a lease where a tenant gives up his right to hold a landlord to a specific provision of the lease) in a written lease, that govern landlord/tenant relations: 1. A landlord can only change a written lease at the beginning of the term. 2. A landlord cannot collect more than two months security deposit at the beginning of the first year. 3. A landlord must return any deposit over one month at the beginning of the second year. 4. If a tenant is moving, he must give the landlord his address in writing to secure the security deposit. (can not be waived) 5. The landlord must return the security deposit within 30 days or submit a list of repairs required and any remainder of the deposit. (can not be waived) 6. Tenants may sue a landlord for double the deposit if the landlord fails to return the money or a list of repairs within 30 days. The landlord cannot hold any part of the deposit if he fails to meet the deadline. 7. A security deposit cannot take the place of the final month’s rent. 8. A tenant who breaks a lease is responsible for the remaining rent only if the landlord cannot rent the property. 9. A landlord may not enter the tenant’s apartment without the tenant’s consent. 10. A landlord cannot sell the tenant’s belongings as payment for the rent owned. 11. A landlord cannot lock a tenant out of his apartment without a court order. 12. A landlord may evict for retaliation at the end of the term with proper notice. 13. A tenant cannot be removed from the property by a sheriff before at least 20 days after an eviction order is granted by a court. 14. A tenant may file an appeal of an eviction within 20 days after the order is granted.
THE LEASE
1. READ BEFORE YOU SIGN!! 2. LEAVE NO BLANK SPACES ON A LEASE !! 3. KEEP A COPY OF THE LEASE THAT HAS BEEN SIGNED BY BOTH PARTIES
MORE THAN ONE SIGNING
Even if you are moving in with one or more persons, if at all possible AVOID signing a lease with your roommate. Signing one contract with others makes you responsible for the entire amount of rent as well as any damages or any breech made by any roommates signing with you. Request a separate lease covering the amount of your rent only.
If you have any questions or concerns call Off-Campus Student Life at (610) 683-1524 and we will try to help/guide you.