In order to be fully prepared to sign your residential rental agreement, it would be wise to familiarize yourself with the most common clauses found in the agreement. The following is an easy- to-understand breakdown which will help you through this important process.
The opening clause will simply state your name, the names of all intended occupants, the name of the Landlord/Owner, the location of the dwelling, and the beginning and ending dates of your lease, typically one year.
SECURITY DEPOSIT: Upon signing, you agree to pay a security deposit; this amount will be expected to be paid immediately. Most often, the security deposit is equal to one month's rent. Submission of this payment binds you to full compliance of the lease agreement.
The Security Deposit is in addition to your rent and may not be used to pay any portion of your first or last month's rent.
To ensure the return of your entire security deposit when you move out, you must meet the conditions listed in the rental agreement. Conditions will likely include:
Most landlords fully intend to return your entire security deposit. Basically, to break it down, to get your money back, you must leave the place in the same shape (if not better) than the day you moved in.
RENT (and other related fees): The amount of monthly rent will be spelled out, along with the date on which it is due each month. Late fees can be assessed if you do not pay your rent by the date stipulated. The amount of late fees will be set forth in the rental agreement. Additionally, if your rent check is returned due to insufficient funds, you may be assessed another penalty charge.
UTILITIES: You may be responsible for all utilities (in addition to your rent) which can include: electricity, gas, water, and waste removal. One or more utility charges, however, may be included in the price of the rent; most commonly those would be waste removal and/or water. Telephone charges will be your responsibility.
Most properties are now 'cable ready'. If so, you will not pay an additional charge to your landlord for basic cable TV/modem access. Keep in mind, however, you probably will have to pay activation charges; this will be determined by the agreement you've reached with your cable company.
SUBLETTING: You will typically be forbidden to assign the lease or sublet any portion of the property. Subletting simply means you can not move out and allow someone else to move in, even though they would continue to make the payments, without express consent of the landlord. The lease agreement is between you and your landlord solely.
ADDITIONAL OCCUPANTS: You must receive permission from the landlord for any additional person(s) (not already named in the lease agreement) to move in to the property. A surcharge may be assessed for each additional occupant.
INTENTION TO VACATE THE PROPERTY: If you decide to move, you are required to notify the landlord in writing of your intention to vacate within a specified amount of time, commonly 30 days before leaving. Failure to do so may result in loss of security deposit and/or other charges. However, if you have signed a one year lease, you may be liable for breach of the lease if you attempt to terminate the lease before the end of the term.
BREACH OF CONTRACT: This is where the wording gets a bit 'legal.' By signing on the dotted-line, you are agreeing to abide by the terms of the agreement. In the event of any breach of the payment of rent or any other allowed charge, or other breach of the lease, the landlord will have the right to terminate the lease in accordance with state law and reclaim possession of the leased premises in addition to such other remedies available to the landlord arising from the breach.
Each agreement is worded differently, but the clauses listed above will most certainly be included and contain vital information.
There may be other rules/expectations outlined in the lease, or not. If not, you may want to ask them to be written in, or you may simply need answers to them.
ISSUES TO CONSIDER PRIOR TO SIGNING A RESIDENTIAL LEASE
With respect to alterations to the property are you allowed to do anything other than paint in your new apartment? Can you plant flowers or bushes near your patio? You typically will not be allowed to make structural changes to the property without first obtaining written consent.
Are pets allowed? What types of pets? Is there a weight limit on the pet or a limit on the amount of pets you can have?
Before you sign the rental agreement you should list any defects you have found and make sure they are noted in the list. Look carefully and note everything, including torn carpeting, non-functioning electrical outlets and the specific location of all defects. If you do not submit a written list, you may be agreeing that there are no defects in the property. This will be invaluable when it comes time to reclaim your security deposit.
Is your landlord (or his agent) allowed to enter your dwelling for the purpose of inspection, repairs, or to show the property with or without your permission? (Be very clear about the guidelines you want followed in this regard and get them in writing.)
Are you personally responsible for any repairs to the dwelling? If so, which ones? Often, tenants are responsible for routine plumbing repairs including faucets, leaks, and stopped-up drains.
Do you get a parking spot? Is there an extra fee for the spot?
This may appear to be a lot of information to absorb; take your time and read it through thoroughly.
Bring this list with you to your lease signing. Highlight (in advance) anything that is of specific importance or in need of an answer. Once your questions have been answered, cross them off your list.
Finally, when all of the hard work is behind you, sit back, relax and enjoy your new apartment.
It depends on how long you plan to hold on to your house and if you have to pay anything...