The Minefields in Your Lease

In some markets across the country -- San Francisco,writing on the lease.
New York and Washington, D.C., for example -- theOccupancy clause:
renters' market is so hot that properties are snatchedThis clause states how many people are allowed to
up the same day they become available. In fact, manylive in your apartment during your period of ownership.
landlords in these markets find themselves negotiatingIf you decide to take a roommate, if you marry or
among multiple offers.have a child, you could violate the clause and give your
In climates like these, propsective tenants often feellandlord a reason to evict you.
pressured to sign on the dotted line. The reality is that ifUtilities.
they opt to take home the lease, read it carefully andYour lease should state clearly which utilities are your
return to the property the next day, they'll lose theresponsibility and which utilities are your landlord's
apartment to another tenant. Unfortunately, thisresponsibility.
pressure to sign and do it quickly means that tenantsLandlord access.
merely skim the terms of their leases prior to signingMany tenants believe erroneously that their landlords
them. Contrary to what you believe, all leases are notare allowed access anytime to their apartments.
alike. And while landlords usually aren't out to deceiveAlthough most leases contain clauses which give
their tenants, they can and do draw up leases thatlandlords restricted access to the apartments under
protect their own interests, which are sometimes attheir management, no law grants them permission to
odds with the tenant's. If you don't take the time tohave their own key and enter anytime. Instead,
review the terms of lease before you sign it, you couldlandlords are given "reasonable access" to your
very well find yourself in financial distress or evenapartment -- in other words, if your unit needs repairs,
facing eviction because you violated a term that wasyour landlord should make an appointment with you to
clearly stated on the lease, but which you failed toenter your unit and conduct those repairs during normal
read before you signed it.working hours. Forty-eight hours' notice is considered
Another risk facing renters is a lease in which the"standard" among landlord/tenant etiquette. This gives
landlord's terms are written in somewhat vague terms,you the opportunity to be present when the landlord
leaving the door wide open for interpretation. If youarrives. In the event of an emergency, however, your
have any doubts as to what those terms mean, ask.landlord may enter your apartment unannounced.
Your interpretation may be vastly different than theRead your lease carefully for how these terms of
landlord's intent.access are stated.
Depending upon where you reside, your district mayBreaking your lease.
have tenant laws that do a fairly good job ofMost landlords will require 60 days' notice, but make
protecting tenants. Other districts aren't quite as strict.sure you understand the penalties involved if you have
It's in your best interests to obtain a copy of yourto break your lease. In today's job market, transfers
district's tenant laws before you begin your apartmentare so common that leases are broken constantly.
search, or contact an attorney who specializes in realAsk your landlord if he's agreeable to a sublet.
estate issues.Property "rules."
A few terms on your lease of which you should beYour lease may contain verbage that alludes to certain
particularly aware are:"rules" to which all tenants must abide. Make sure the
Rent control:lease also lists those rules in detail on the lease. If the
Ask if the apartment is protected by rent control. Evenrules aren't listed on the lease, your landlord essentially
if it is, that doesn't cancel out the possibility of a rentreserves the right to create rules at his discretion.
increase upon your lease renewal. Rent controlAnother important point: If the landlord verbally revises
actually consists of two rent levels: a rent ceiling, whichany of the lease terms, you must get those terms
is the maximum amount of rent a landlord may obtainrevised on the lease (by crossing off the old term,
from tenants; and the actual rent charge. When yourwriting in the new one and having the landlord initial it). If
lease is up for renewal, your landlord may raise youryour landlord gave you verbal approval to have pets,
rent closer to the rent ceiling. If there's a largeand the lease states otherwise, you could find yourself
discrepancy between the rent charge and the rentfacing a violation later and with no defense. If you're
ceiling, you should consider the possibility that yoursearching for an apartment in a white-hot market, you
landlord will increase your rent significantly when itmay have to weigh which terms are most important
comes time to renew. So before you sign a lease, askto you in order to secure the apartment you want. If
what the rent ceiling is.you're hoping to negotiate the terms of the lease the
Security deposit:landlord places in front of you, pick your battles
If the landlord is asking for a high security deposit, refercarefully. There will be various clauses you can live
to your district's tenant laws to find the legal maximumwith, and ones you feel you must negotiate.
for security deposits in your jurisdiction. In manyRemember that hot markets belong to landlords, and if
districts, landlords may not ask for more than oneyou present yourself defensively or battle every minor
month's rent. If a landlord demands six months or evendetail of your lease, there's a line of prospective
a year's worth of rent up front, he's probably intenants behind you who won't contest those details.
violation of district laws. As a tenant, one of your fewGranted, this isn't to say that you should agree to
lines of defense is your ability to withhold rent forclauses that violate your basic rights as a tenant, but if
services not rendered or lease terms to which youryou're tempted to argue or bargain with the landlord
landlord didn't abide. Don't sign a lease before askingover aesthetic details or enhancements, you may wish
the landlord what his security deposit is, and make sureto reconsider and determine your priorities.
that his terms for refunding the deposit are stated in