{"id":1872,"date":"2014-06-16T11:59:35","date_gmt":"2014-06-16T15:59:35","guid":{"rendered":"http:\/\/www.renthop.com\/news\/?p=1872"},"modified":"2023-07-24T14:05:35","modified_gmt":"2023-07-24T18:05:35","slug":"seven-lease-provisions-to-watch-out-for","status":"publish","type":"post","link":"https:\/\/www.renthop.com\/blog\/seven-lease-provisions-to-watch-out-for\/","title":{"rendered":"Seven Lease Provisions to Watch Out For"},"content":{"rendered":"

When you\u2019re looking for a new apartment, it seems like finding a place where you\u2019d love to live is the hardest part. (We can help!<\/a>) But finding the new place is only half the battle. You still need to apply for it, and once the landlord accepts your application, you need to negotiate and sign a lease.<\/p>\n

\"You<\/a>
You can’t get one of these until you’ve signed your lease.<\/figcaption><\/figure>\n

Photo: Joe Mazzola<\/a>\/CC BY-SA 2.0<\/a><\/p>\n

What is a Lease?<\/h2>\n

The lease is a legal contract that gives you the exclusive right to inhabit the space identified in the contract for a specified period of time. It\u2019s extremely important that you read and understand it. If the landlord refuses to offer a written lease, or if she pressures you to sign it without reading it, that\u2019s a major red flag.<\/p>\n

Tips for Reviewing the Lease<\/h3>\n

As you read the lease, make sure to check key terms. Is the address listed for the apartment in the lease the right address? Is the rent correct? Does the lease tell you how and when to pay your rent? If there is a rent concession (like a free month of rent), is that reflected in the lease? Who pays for utilities, and which ones? You need to confirm all of those points, and ask any questions you may have, before you sign anything.<\/p>\n

In addition, there are certain provisions that you should take issue with if they appear in the lease. We\u2019ve got a list below \u2013 if you see these provisions in your lease, make sure you ask some questions! Note that laws differ across the 50 states; this list is intended to point out relatively common issues and help you start addressing them.<\/span><\/p>\n

General Things to Watch Out for Before Signing<\/h2>\n

Before we get started, a couple of notes:<\/span><\/p>\n

Beware if the landlord offers things to you verbally but won\u2019t put them in writing<\/em>.\u00a0You\u2019ll have a hard time enforcing them later. Similarly, if the landlord tells you she won\u2019t enforce a provision in the lease, either get that in writing or ask that the provision be removed from the lease.<\/p>\n

If you have a dispute with your landlord, educate yourself, and then ask for help<\/em>.\u00a0<\/em>In almost every city you will find both online resources and one or more tenant\u2019s rights organizations. Use those resources. For New York, you can find resources here<\/a>, here<\/a> and here<\/a>. For Boston, try here<\/a>, here<\/a> and here<\/a>. In Chicago, start with\u00a0this<\/a>, this<\/a>\u00a0and\u00a0this<\/a>. Otherwise, start with a google search, and remember that if you’re in federally-subsidized housing there may be federal resources available too.<\/p>\n

If at all possible you want to resolve disputes amicably, and the tenants’ rights organization may be able to help. If you can\u2019t, or if you don\u2019t know what to do next, don\u2019t waste time (or engage in self-help by withholding rent) \u2013 reach out. \u00a0<\/span><\/p>\n

Seven Lease Provisions to Watch Out For<\/h2>\n

Here is our list of seven things renters should look out for when they sign their lease.<\/p>\n

Tenant Takes the Apartment “As Is”<\/h3>\n

In 49 of the 50 states every landlord is required, whether the lease says so or not, to make sure that the apartment and all common spaces related to the apartment are (1) fit for human habitation and (2) not subject to conditions which would be dangerous, hazardous or detrimental to the tenant’s life, health or safety. This is the implied warranty of habitability<\/em>, and renters can\u2019t waive it except in very limited circumstances. (In the 50th<\/sup> state, Arkansas, it\u2019s also a crime to not pay your rent when due. Be careful!)<\/p>\n

What does this mean? If the apartment isn\u2019t currently habitable, or is unsafe<\/a>, your landlord is required \u2013 at his expense \u2013 to fix it up, no matter what the lease says. A landlord trying to get you to take an unsafe apartment may be trying to make you pay to fix his problem. Don\u2019t do it. And don’t ask too many questions about whether an apartment is habitable or unsafe. If it looks or feels reasonably unsafe, stand your ground.<\/p>\n

If the apartment is habitable and safe, the landlord isn\u2019t obligated to do anything else. You may want to negotiate for move-in repairs or modifications, but a statement that you accept the apartment is irrelevant (your signing the lease evidences your acceptance).<\/p>\n

Tenant is Responsible for Repairs<\/h3>\n

The landlord must ensure that the apartment is safe and habitable, and you can\u2019t be made to pay for those repairs<\/a>. Otherwise, if the landlord agrees to provide certain things in the lease (e.g., a dishwasher), then as a matter of contract law the landlord is responsible for ensuring that they work. You might agree to do certain repairs in return for compensation, but it\u2019s the landlord\u2019s job to provide the apartment she agreed to provide.<\/p>\n

Landlord May Enter at Any Time for Any Reason<\/h3>\n

Landlords can enter with no notice in case of emergency (which is probably a good thing!). Otherwise, by law in nearly all jurisdictions your landlord can\u2019t enter your apartment without prior notice. How much notice may be specified in the law \u2013 it\u2019s often 24 hours\u2019 notice \u2013 or it may be \u201creasonable notice\u201d. Your lease may describe specific things that constitute emergencies, e.g., bedbug infestation, and may also describe circumstances when the landlord can enter the apartment with notice. Be clear on what these situations are.<\/p>\n

Learn more:<\/p>\n