Thinking of Renting

If you're not yet ready to purchase a home or unable to secure a loan residential leasing may be a better solution than apartment renting. Residential leases allow for more privacy, more room and usually an improved living environment. When entering a lease agreement it's important you understand your rights as the tenant and the rights of your landlord.

A lease agreement binds both you and your landlord for a specified amount of time and monthly payment. As a legal document it serves to protect both parties in the event of a dispute and is essential to any successful tenancy. The agreement should set forth rules that you and your landlord will follow during your occupancy. Please keep in mind that laws vary by city and state. For current laws visit RentLaw.com. Some of these rules and terms include:

Length of Tenancy

Residential lease agreements specify an exact period of time, usually six months or one year, that tenants will occupy the home. Leases are not automatically renewed at the end of the lease period. Once the time period has lapsed leases may be renewed but in most cases they go to a month to month contract if tenancy continues.

Tenants may not break a long-term lease unless a landlord drastically breaches terms. If you must break a tenancy for any reason you'll be responsible to pay the remainder of the rent through the term date. However, some states allow flexibility to tenants with good reason to break a lease. For example, if you relocate for a job or if health reasons compel the issue. In this case your landlord has a legal duty to find a new tenant as quickly as possible. Once the new tenant has signed a lease your lease may be terminated along with your financial obligation.

Your landlord may also only break the lease agreement if you've significantly breached the terms or law. A few examples may include paying rent late or not at all, causing disruptive noise to neighbors, dealing drugs or having unapproved pets.

Names of All Tenants

Every adult tenant should be listed as a tenant in the lease agreement. This not only protects the landlord but you as well. Naming all adult tenants makes each legally responsible for all terms in the agreement including the full amount of the rent for the property. If sharing occupancy and rent responsibility with another, be sure this person is reliable. If they do not provide their portion of the rent it will be your responsibility to come up with that money.

Limits on Occupancy

Most terms will include a clause that specifies the only people allowed to live in the property are those signing the lease. If you move in a friend or relative your landlord will have grounds for eviction. Find out if subleasing is acceptable prior to inviting anyone to live within the property.

Right of Access and Privacy

You have a right to privacy. Your landlord may only enter your home without notice if there is reasonable evidence that a fire or water leak exists. Beyond that, many states require your landlord give advance notice prior to entering your home for repairs or to show it to potential tenants. Typically, your landlord will give 24 hours notice, though some states require more and some less.

Pets

It's no myth that pets help people maintain happier and healthier lives. Unfortunately, some landlords do not permit pet ownership. If you have a pet or plan to get one be sure you are aware of your landlord's rules in regards to pet ownership. There may be rules that do not allow pet ownership at all or perhaps the number of pets, type of pets and the size. Typically, there will be a deposit due for each pet.

Who Pays Utilities

If your landlord agrees to pay water, be sure this is mentioned in the lease agreement. Most often, residential leases will not include payment of any utilities, though. In this case it will be your job to set up the utilities for your home and to pay them on time each month.

Rent and Late Fees

Your lease agreement should include the amount to be paid as well as the due date each month. It should also specify acceptable payment types (personal check, money order, or cash), where to send each payment, late fees as well as a grace period, if one is given.

Deposit and Other Fees

In most states the limit on the amount of a deposit is not to exceed two months rent unless the home is furnished, in which case the limit is three months rent. Most landlords usually require a deposit less than two months rent, however.

Within the agreement the deposit amount needs to be specified along with any details regarding how the deposit may be used and under what circumstances some or all of it will be forfeited. The deposit may not be used for normal wear and tear on the property such as a scratch on a counter, faded paint, hole or ding in wall from missing door stop, dirty blinds and pin holes in walls unless excessive. The deposit can be used for a tear in the carpet, animal stains, burn marks, broken windows or torn screens, excessive bathroom mildew and excessive filth or dirt.

Your goal should be to leave the unit in the same condition as the day you moved in. It would be in your best interest to do a walk-through with the landlord and take photos of the unit prior to moving in. Agree upon its condition in writing at that time. Note any current issues, such as a hole in the wall or torn carpeting, and anything that may raise issues regarding your deposit in the future.

Maintenance and Repairs

As a tenant you have the right to live in habitable conditions. Part of this responsibility will be your own while others belong to the landlord. Be sure you are aware of your responsibilities versus your landlords in regards to repairs and regular maintenance. State and local laws vary.

Responsibility as the Tenant:

Regular Cleaning

Most of us cringe at the thought of scrubbing a filthy bathtub or greasy oven, however, regular maintenance and cleaning helps maintain the value of a home. While you may not feel the need to maintain the value of a home for the owner, realize that it will help you salvage your deposit when you move to a different location. Further, it helps maintain a healthier living environment for yourself and family.

Advise Landlord of Infestations

Ants, termites, rats, mice and roaches are common infestations in homes and can often be avoided using preventative measures. Ensuring that food is sealed properly, trash taken out and the home cleaned regularly will help deter pests from invading your home. However, if you do think that there could be an infestation of any type that may need professional care, contact your landlord immediately. Infestations not properly attended can be costly. Termites and carpenter ants destroy wood, roaches spread germs and under the right circumstances bees may land you or a family member in the hospital. If it is determined that the cause is lack of home care or of advising your landlord in a timely manner, the cost of repair and extermination may fall in your hands. While extermination tends to be affordable, repair, depending on the extent needed, can really add up.

Report Water Leaks to Your Landlord

A water leak can be more than a simple nuisance. It can cause mold and mildew infestations which may present health risks to your family but it can also ruin the foundation of a home, warp hardwood floors, and increase your water bill significantly. If you notice any type of leak what-so-ever it would be wise to report it to your landlord immediately. If the concern is not addressed by your landlord within a couple days (depending on the severity of the problem, maybe sooner), request in writing that the problem be attended as soon as possible. Keep a copy of your letter for reference. Also be sure to clean up any water spills including an overflowed toilet immediately. To help prevent serious damage, learn to turn water off for the entire home as well as beneath sinks and toilets.

Smoke Detectors

While it is the responsibility of your landlord to ensure your home has proper smoke detectors it will be your responsibility to ensure that the batteries are replaced when necessary.

Responsibility of your Landlord:

Weatherproofing

Every tenant has a right to live in a home comfortably without harsh weather creeping in. Proper weather-stripped doors, windows, and roofs are of primary importance. If you notice a leak in the roof, notify your landlord immediately to ensure the proper action is taken to correct the problem.

Heat, Water and Electricity

While a fireplace may work to heat the family or living room, it won't likely heat the whole home. Be sure the heating functions properly. If you notice no hot air coming out of vents, request an inspection of the heating system and repair if necessary. It is also the responsibility of your landlord to ensure that the plumbing and electricity of your home functions properly.

Security with Proper Locks

Your home should be properly equipped with deadbolt locks on main entry doors that comply with state and city regulations. If there is reason to assume additional security measures are needed it will be the responsibility of your landlord to provide such measures as bars on windows. To further comply with State fire codes, it is essential that a professional install "quick release" latches to help you vacate your home quickly when necessary.

Lastly, be sure to go over each detail of the lease agreement to ensure you comprehend every rule and requirement. If you have questions or are unable to understand something, ask! Don't be afraid to clarify details as this will serve to protect your interests and to maintain a happy tenant/landlord relationship.

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