Whether you rent a house or an apartment, you will likely be required to sign a lease.
A written lease gives you certain security. It is for a specific period, anywhere from months to years, during which the rent is specified. Leases are written by the landlord, so it will be filled with numerous restrictions and benefits for them. Leases with the addendums can easily be longer than 20 pages. A few of the major issues are:
1. PERIOD OF THE LEASE AND TERMINATION:
The lease will state the beginning and ending dates. Typically, it is for 12 months, but may be more or less. When the initial period expires, the lease automatically renews on a month to month basis, with all terms and conditions remaining in effect
The lease will state how much advance notice the tenant must give in order to terminate the lease. Typically, it is 30 days, but many landlords require a longer period, for example, 60 days. If a lease is to end on April 1, and requires 60 days notice, you must give the landlord notice by February 1. If you wait till March 1 to give notice, then the lease will not expire till May 1 and you will be responsible to pay all of the April rent.
2. SECURITY DEPOSIT:
This is payable at the start of the lease. It can be a negotiable item, especially when the landlord wants to attract more tenants, so don’t be afraid to ask for a reduction, or for you not to pay it. The security deposit will be held by the landlord till the end of the lease, and you will not be paid interest. At the end of the lease, the landlord can use the security deposit to make repairs that were caused by the tenant (example: stained rugs, sheetrock damage, cleaning the house). When the lease ends, the landlord must return the deposit, less costs of repairs, within 30 days. The security deposit is not to be used to pay any part of the rent due.
3. LATE CHARGES:
The full payment of rent is due on a specific date. (ex. The first day of each month). A grace period of a few days is generally stated. If the payment is made after the grace period there will be an initial late fee (example: $50) AND additional late charges for each additional day the rent is not paid (example $20/day). If rent is due on the 1st day of the month with a 4 day grace period and you do not make the payment till the 10th, the penalty will be $50 plus $20 X 4 days or $130.
4. REPAIRS:
All requests for repairs must be made in writing (not text or phone call). If the tenant owes rent the landlord has no obligation to make any repairs unless the condition affects the physical health or safety of the tenant (example, burst plumbing, rodent infestation, carbon monoxide from heaters or furnaces). The landlord has 7 days to make repairs after being notified.
5. COMMUNICATIONS:
Any time you have communication with the landlord, make sure it is in a form that can be recorded and saved, such as text or email. If you have a verbal communication with certain agreements, follow this up by a text or e-mail, confirming the agreements.
THERE ARE MANY OTHER TERMS AND CONDITIONS IN A LEASE. A summary of the terms and conditions of a typical lease can be found at https://propropertyservices.com/synopsis-of-lease-for-tenants
If you have questions about your lease or problems with your landlord, call the Law Office of Elliott Klein, PLLC for a consultation.