Your Lease and All of its Landmines

Your Lease and All of its Landmines

Rental homes in certain cities, such as San Francisco, New York, and Washington, D.C., are in such high demand that they may go unnoticed for days after they become available. As a matter of fact, many landlords in these marketplaces have to choose among many competing bids.

Prospective renters frequently feel compelled to sign up at times like these. The truth is that they will lose the flat to another renter if they take the contract home, study it properly, and come back the following day. Tenants are under such time constraints that they often skim the fine print of their leases before signing. You should know that not all leases are the same. Landlords may not intentionally mislead their tenants, but they may include provisions in the lease that benefit the landlord at the expense of the tenant. If you don't read the lease carefully before signing it, you could end up in financial trouble or perhaps have to move out of the apartment because you broke a provision that was spelled out in plain English.

Tenants also run the danger of having their rights violated if the landlord's conditions are worded in ambiguous language. Don't be shy about asking for clarification on any of the words used. Depending on how you read the landlord's words, you might have a very different understanding than what was intended.

In certain areas, renters may be well protected by local legislation. The rules in certain districts are looser than in others. Before you start looking for an apartment, you should familiarize yourself with the tenant laws in your area or speak with a real estate lawyer.

There are a few clauses in your lease of which you should be very mindful.

Tenant Protection:

If you're interested in a certain apartment, be sure to find out if it falls under rent control. Not even that would prevent a landlord from increasing your rent when your lease comes up for renewal. There are two rent amounts in play when it comes to rent control: the rent ceiling, or the most money a landlord may charge in rent, and the actual rent. Rent increases near the limit may be possible at lease renewal time. Consider the potential that your landlord may drastically raise your rent at renewal if there is a wide gap between the rent charge and the rent cap. Be sure to find out the maximum rent allowed before signing any contracts.

If your landlord is requesting an excessive security deposit, you may find out the maximum amount allowed by law in your area by looking up tenant rules in your district. Tenants in various areas may be able to avoid paying a security deposit of more than one month's rent. The landlord is probably breaking the law if he asks for a year's worth of rent in advance. One of the few protections tenants have is the right to withhold rent for breaches of the lease, such as when the landlord fails to provide promised services or fulfill other obligations. Don't sign a lease before finding out how much of a deposit the landlord requires and making sure the procedures for returning that deposit are spelled out in the contract.

Occupancy or Use:

For the duration of your ownership, this provision specifies the maximum number of occupants permitted in your flat. Adding a roommate, getting married, or having a kid are all examples of actions that might breach this condition and give your landlord grounds to evict you.

Utilities

The lease should specify who is responsible for paying for which utilities.

Access for Landlords

Incorrectly, many renters assume that their landlords may enter their units at any moment. Landlords may have limited access to the units they manage as per the terms of the lease, but this does not give them carte blanche to visit the units at any time. Instead, tenants must provide landlords with "reasonable access" to their units, meaning that if maintenance is needed, the landlord must schedule a time to enter the property during regular business hours. In landlord-tenant protocol, 48 hours' notice is considered "standard." This will allow you to be home when the landlord comes to inspect the property. Your landlord has the right to enter your unit without prior notice in the case of an emergency. Take the time to read your lease carefully to learn the specifics of the access provisions that apply to you.

A lease Violation

If you need to break your lease, you should know that most landlords want 60 days' notice. Leases are often violated due to the prevalence of relocation in today's labor market. Get permission to sublease from your landlord.

Regulations Pertaining to a Piece of Property

There may be language in your contract that refers to "rules" that all renters must follow. If the lease doesn't spell out the regulations, your landlord has the authority to impose them at his discretion. It's also crucial to have any changes the landlord makes to the agreement orally written into the lease (by crossing off the old term, writing in the new one, and having the landlord initial it). There is no way to defend yourself if your landlord granted you verbal permission to keep dogs but then changed their mind because of the contract. 

The apartment market is hot right now, so you may have to prioritize certain amenities in order to get the one you want. It's important to choose your fights wisely if you want to successfully negotiate the lease conditions that the landlord presents to you. There will be certain provisions that are acceptable and others that you will want to modify. Keep in mind that landlords own the hot markets, and if you come across as defensive or fight every aspect of your contract, you can be sure that other tenants are waiting in the wings to take your place. While it goes without saying that you should accept terms that violate your fundamental rights as a tenant, you may want to reevaluate your priorities if you're considering haggling with your landlord over cosmetic changes or upgrades.