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Article #93: The Minefields in Your Lease

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






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