Look Before You Lease
The first thing to look at is language, and as a general guide, the more simple the language of the lease the better. Some leases are bogged down in thick convoluted legal terminology, with phrases and clauses that even a third year Law School student would have to spend a night trying to decipher. There could be several different reasons for thisâÂ?¦ maybe the landlord has been ripped-off by renters in the past, and is overcompensating to protect his own rights, or maybe he or she just has a lawyer that needed to bill a few extra hours and spent them concocting a dense labyrinthine lease. But the reason you should be wary, is that a long and complicated lease could be drafted specifically to give the landlord more rights than he or she deserves, and to take away all of yours. If you find a lease is too complicated, send a copy to your lawyer or your parents’ lawyer to look at. Or if that’s not a possibility for you, just ask the landlord if he can provide a simpler lease. If not, you can always try and work it out for yourself. But be warned, if you can’t make any sense of it after several honest attempts, it may be purposefully designed to be confusing. In which case, you may want to consider finding a new place to rent.
The key feature of a lease is the length and the cost of rent for that period of time. Essentially, this is the heart and soul of a lease; a contract deciding how long you’ll live there and how much you’ll pay for it. Some leases allow for the landlord to raise the rent a certain number of times or for a certain amount, some are controlled. But make sure you know the terms, so you don’t finding yourself facing a rent payment that’s more than you can afford. There are also some circumstances where it is acceptable for a tenant to break the lease without any penalty. For example, if the landlord is delinquent in making repairs or makes demands on you that are outside the terms of the lease, you may be able to leave without paying. If there is nothing in the lease that guarantees your own rights in this area, ask the landlord to add a section that does. Also, different leases call for different penalty payments if you break the terms of the lease before the time period is up. Some require that you pay the full rent for the entire number of months specified in the lease, others just ask for a percentage. And don’t forget to find out what your options are after the lease is up. Does the lease guarantee you the right to renew, or rent month by month?
One of the most important rights you need to protect is in deciding the responsibility of any future repairs. Some landlords take great care to make sure that every important structure in the house or apartment is new, or at least works like new. And these landlords may insist that any repairs are the responsibility of the tenant. Other landlords are more lax, and don’t mind paying for repairs as they’re needed. Just be careful that you don’t end up paying for repairs that should have been made before you moved in. Again, if there isn’t a section in the lease determining where the responsibility lies, ask your landlord to add one. Many landlords will allow you to make any needed repairs, or even some improvements, (i.e. track lighting, new counter, anything that increases the value of the property) and then let you take the cost out of the next month’s rent. But be sure your landlord is open to this kind of arrangement, and it’s always a good idea to ask directly about any specific project you’re hoping to begin. And save all your receipts or you may find yourself footing the bill! Just find out what is comfortable with your landlord and make sure what he tells you is consistent with what’s stated in the lease.
Make sure any special needs you have are addressed in the lease. There are a whole host of circumstances that can be negotiated with your landlord. If you’re a smoker, find out if you can smoke there. Are pets allowed? Are there occupancy requirements that would prevent another person from moving in with you? Is there a process of dispute resolution, in the event that you and your landlord disagree? Whatever he or she tells you, get it in writing! Also, many of these problems can be resolved with money, by way of an extra deposit.
Ideally, a lease will both protect your rights, and the rights of your landlord. And before you sign, it may be a good idea to sit down, brainstorm about all the things that are important to you, along with the security and monetary concerns discussed above. Make a list of what you want and write it all down, in straight-forward language, then ask your landlord to add these terms to the lease if they aren’t already there. There are also several websites designed to help you write your own lease. Doing this may show your landlord that you’re serious about protecting your rights, and may make it easier to get what you want inserted into the lease. If your landlord is honest and accommodating it shouldn’t be too much of a problem. Usually, a landlord just wants protection from bad tenants as much as you want protection from a bad landlord. However, if you encounter too much resistance, remember, this is the person you’ll have to deal with for the duration of the lease, and if he or she is unreasonable at the beginning, don’t expect it to get any better as time goes on. But as long as you stick up for your rights, communicate with your landlord, and look closely at all the terms of the lease, chances are you’ll find yourself moving into that perfect home in no time.
