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