Often, in the excitement of finding a new place to live, there’s a rush to make it happen, and - too often - a new tenant signs a lease without reading it carefully.
Even in my own experience, I have signed a lease without reading the entire document. At the time, I was more worried about the security deposit and logistics of the move.
In hindsight, I was really lucky! It is so important to take the time to understand the lease before you sign the contract. Just knowing the basics will make you more prepared when it's time to sign the lease. As a Renting Expert here at ApartmentHomeLiving.com, here are a few suggestions to keep in mind when you find yourself peering over a new lease.
Lease Basics
Ask Make sure you understand the following (and ask questions if you don’t):
- Length of lease
- Rent payments
- Security deposit terms
- Tenant responsibilities
- Landlord responsibilities
From my perspective, the number one goal is to review the length of the lease! Some leases have automatic renewal periods. Alternatively, the lease may contain provisions regarding early termination. If you don't understand some of the terms, talk to your landlord because the lease should be written in "Plain English" not a bunch of legalese!
Be sure that you know what the requirements are as far as ending the lease! Ask whether you can go month to month after the lease expires. If you can go month to month after the lease expires, all the other terms of the lease continue.
Alternatively, know your rights if you want to stay after the initial lease term ends. Based on state and local regulations, there may be limits on how much a landlord can raise the rent. You should also know up front whether you are allowed to sublet the property if circumstances change, requiring a move from the property before the lease ends. This provision is especially important if you are signing a lease with roommates!
Make sure that you know how and when to pay rent. Also, find out whether there are fees for late payments or any grace period. This is a big deal and misunderstandings or late payments can cause a lot of stress on both sides! If you end up in a situation where the rent may be late, it is always better to maintain good communication with the landlord. There are also local resources available depending upon the situation.
At the same time, check the lease requirements for you to get your full security deposit back. In my experience, the security deposit should be between 1 - 3 months rent. The landlord can deduct certain costs for damages, and labor costs for associated repairs; however, landlords can not charge for normal "wear and tear." For this reason, in my experience, it's a good practice to take photos and videos of the property at the start of the lease and keep these documented images with the lease.
Who does what?
Under the lease, review what you are supposed to do as the tenant. Are you supposed to take care of any utility bills? Even if the tenant is required to pay some utilities, the landlord is required to provide heating, plumbing and electrical systems that are in good and safe working order. From the beginning, be sure to have clear terms and expectations about the bills for garbage, water, sewer, electricity, gas, phone, cable and internet - and anything else that might apply. For example, some buildings charge a pet fee (which may apply on top of any fee charged by the landlord). There may also be additional charges for parking spaces.
It is also important to determine whether the landlord and/or the building have rules about smoking, including vaping. If smoking and/or vaping are prohibited inside the building, then the tenant needs to have a clear understanding of the designated smoking areas or distance from the building.
What about outside maintenance, like mowing the lawn or trimming shrubs? In a single family home, the tenant is often expected to take care of the lawn or shovel snow. Also, landlords are not required to provide appliances but, if they do, the appliances must be kept in good working condition. Of course, landlords also need to be in compliance with local "Certificate of Occupancy" requirements. While different locations may have varying requirements, landlords are generally required to have smoke detectors, carbon monoxide detectors, fire extinguishers and functioning locks.
In my experience, it’s better to negotiate all these terms before the lease is signed. However, you should still ask questions at any time during the lease in order to maintain a good relationship and good communication.
Finally, review what the landlord’s responsibilities will be. From my experience, some landlords are more willing to make quick repairs or to improve the property if it’s required in the lease. No matter what, whether included in the lease explicitly or not, every tenant has the right to quiet enjoyment of their home. The landlord is required to keep the property safe and habitable under the doctrine of "Warranty of Habitability." Nonetheless, it's never a bad idea to consider your own renter's insurance for protection of personal belongings if something unexpected happens.
No matter what the lease says, a landlord is not able to waive liability for negligence. Hopefully, you will be able to work through any concerns with the landlord through active communication. But, the landlord is not allowed to include any terms in the lease that would waive liability outright.
Along the same lines, the lease can not intrude on a tenant's right to privacy. For example, if the landlord decides to sell the property during the lease or to do renovations, the landlord needs to provide reasonable notice. In the lease, you can even clarify a request for 24 hours notice for any visits to the property, except in an emergency.
Based on my own personal experience, as well as working with others, it is so important to understand the lease when you move into a new place. If you read your lease, you’ll be in a much better situation to discuss any issues with your landlord and to enjoy your time in the new place!
