Don't Sign That Lease Yet
You're being transferred to a new city in another state for a position that you start in exactly two weeks. You fly to your new hometown to select an apartment. You have exactly two days to make a decision and sign a lease,
so when, after much searching, you find a vacancy in a relatively decent
property, you're anxious to sign when the lease is placed in front of you.
Resist the urge. As mentioned in previously in our report "Avoiding Tenants' Tribulations," wearing rose-colored glasses can easily fool you
into believing that your best interests as a tenant will be protected. Your
desire to find a home and wind up what can be an exhaustive search process
can push you into signing on the dotted line before you've read and
understand all of the fine print of your lease.
What's the purpose of a lease, aside from your agreement to pay your rent
each month and maintain your apartment in good condition? For starters, the
responsibilities of your landlord are clearly outlined in this contract, so
it's obviously in your best interests to read the lease carefully. If
you're ignorant of the lease terms, you could find yourself blindsided
several months later when your landlord holds you responsible for damage or
other breach of lease, and subsequently asks you to move out. What if your
employment situation changes five months into your 12-month lease, and
you've got to move before your lease expires? Your lease will outline your
financial obligations should you need to back out for any reason.
Some leasing offices and landlords will place a lengthy, "standard"
document in front of you and downplay its terms -- not necessarily to dupe
you, but rather in an attempt to save you time and allow him or her to move
on to other prospective tenants waiting in the leasing office. Don't feel
pressured; instead, move off to the side, allow the leasing agent/landlord
to accommodate other visitors to the office, and continue reading the lease
until you understand all of its terms. You may have signed many leases in
the past, leading you to believe that they're all the same. They're not.
Once you sign the lease, you're usually locked into its terms. You'll want
to find out before signing what the consequences will be if you change your
mind before moving day (will you get your full deposit back?).
Many consumers don't realize that under the law, they're entitled to
request changes to the lease before signing it. In fact, consumers may
request any modification they please, so don't be afraid to propose any
changes to its terms. If the landlord agrees to your terms, make sure that
he or she makes those changes on the lease itself (in ink, not pencil) and
writes the date and his or her initials beside them. And don't leave the
leasing office without a copy of the modified lease. Verbal promises will
never hold up in the event that you have a disagreement over lease terms
with your landlord in the future, or if only your landlord had a copy of
the modified lease (or if changes were made only in erasable pencil).
If you agree to lease the unit only in the event that the landlord or
management company replaces the unit's carpeting, fixes the bathroom sink,
allows your pet to live with you, includes a washer and dryer as part of
the deal or other conditions, again, get it in writing with the date of
signature. If the landlord refuses to put your verbal agreement in writing
or claims a sudden attack of carpal tunnel syndrome which prevents him from
writing, the red flag should be raised in your mind. Take your business
elsewhere.
If it's too late -- you moved into your unit without getting verbal
agreements in writing, and now you find yourself making repeated requests
for maintenance or other repairs that are never performed -- many real
estate law experts agree that threatening to withhold payment on your rent
isn't a good idea. There's a good chance your landlord will win in court if
you withhold payment without a signed agreement preserving your right to do
so. In addition to facing stiff monetary penalties, you could find yourself
evicted from your apartment and out on the street. In fact, the State Bar
of Texas states that tenants who use their deposits as rent when their
leases did not state they could do so can face monetary penalties of up to
three times the amount of rent they withheld.
According to the terms of the law, a tenant only has a leg to stand on when
he or she withholds rent under three conditions: if the tenant first
received a court order allowing him or her to withhold rent if the landlord
didn't perform agreed-upon repairs or meet various conditions; if the
tenant made repairs in his or her own unit and paid for them out of pocket,
if the landlord was aware of and approved those repairs and the lease
clearly stated that deductions in rent could be made under those
circumstances; and if you have legally terminated your lease because your
landlord or apartment management company broke the terms of your written
lease agreement with respect to his or her responsibility for repairs, or
if your utilities have been cut off unlawfully. The moral of the story?
Tread lightly.
All of these warnings aren't to portray the image of landlords and
apartment management companies as scheming individuals. The situation is
quite the contrary in today's rental climate, major apartment leasing
companies have grown and prospered around the country. The renters' market
is extremely competitive, and such companies vie for prospective tenants
with the promise of good amenities and good service. Sometimes these
hassles simply amount to misunderstanding and miscommunication. Your best
bet is to shop around, find a landlord or company-run complex with which
you feel comfortable, to ask plenty of questions, read everything twice,
and get every promise in writing. Don't be afraid of seeming nit-picky. If
they want your business, they'll comply -- with a smile. Happy hunting.
Courtney Ronan is a freelance writer who contributes a weekly column profiling various communities. She also writes a weekly review of real estate related web sites. Courtney's career in journalism has included recent stints as managing editor of Agent News and as associate editor of Texas Business magazine.
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Written by Courtney Ronan