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>Renting
Laws >Lease
>Reading your lease
Reading Your Lease
Remember,
the lease is an agreement that legally binds both the landlord and
tenant to the terms of the lease. Before signing a lease, READ it and
make sure you UNDERSTAND everything. Leases are often written in
confusing language, so if there is ANYTHING you do not understand, ask
someone trustworthy to explain it to you (see Legal
Help for advisors). Make sure that your lease protects your
interests, not just the landlord's. Try to delete or modify clauses
that you don't want (see To Change
a Lease).
IMPORTANT!
– A landlord can include anything s/he wants to include on the
lease, as long as it does not violate the “Uniform Residential
Landlord and Tenant Act” (see Not Enforceable In A Lease).
Therefore, you must READ YOUR LEASE CAREFULLY to avoid any
unexpected additions that the landlord might make to a lease!
For example, if the lease states that the landlord can withhold
any personal property of the tenant if the rent is not paid on time,
then the landlord is legally allowed to walk into your apartment and
take your personal possessions until you pay rent. Watch for these
types of statements!
Points
to Check in Your Lease
-
Dates
of Tenancy—Be sure that your lease states the beginning and
ending dates of your tenancy. You are obligated to fulfill all of the
conditions on your lease ONLY during the time between these dates.
Make sure the dates listed are correct, and that you will be able
to live in the apartment for the ENTIRE duration of this time (see
Subleasing if you do not want to
live in the apartment for the full length of time).
-
Subleasing—Does
the lease say anything about subleasing? Many leases will set the
terms for a sublease or prohibit subleasing all together. If you
would like the option of subleasing your apartment, look for these
types of constraints. If you do not agree with the terms set for a
sublease, get the lease changed! (see Subleasing
for more)
-
Paying
Rent—Make sure that the amount of rent and its due date are
BOTH clearly specified on the lease. Usually there is a grace
period or late fee for late rent. Be sure to ask about how your
landlord handles late rent. Then, make sure it is specified in the
lease. (You CAN get evicted for not paying rent on time! See Not
Paying Rent.) Rent is usually due at the FIRST OF EVERY MONTH,
unless specified differently in the lease. Know when your rent is
due!
-
Security
Deposit--The specific amount required for the Security
Deposit should be clearly stated, as well as the
conditions for returning it to the tenant. A landlord can keep
your security deposit if you’ve left the apartment damaged, but
only with a Damage List. The landlord can also keep your
deposit if you ignore his/her tries to return it to you. The law
does not set a time period for the landlord to return the deposit
to the tenant. Instead, this term is often set in the lease (90
days is a standard number). It is a good idea to specify when the
security deposit is to be returned to the tenant in your lease.
-
Utilities—Be
sure that the lease states which utilities you will be paying for
and which ones your landlord will be paying for.
-
Rules
of Behavior—Leases frequently include “rules of
behavior,” such as "no pets" or "quiet after
10:00 p.m." Be cautious, rules change and you should be
protected. If there is a clause reading "Tenant agrees to
comply with all printed regulations now made or subsequently
furnished," try to delete "subsequently furnished"
from the lease. Have a copy of the rules attached to the lease,
INITIALED and DATED. Be sure to check any terms dealing with
guests, such as charges or time restrictions, so that you will be
aware in advance. A landlord can only place these rules in the
lease if his/her purpose is to promote convenience, safety, or
welfare of the tenants in the premises, or preserve the property
from abusive use. If you do not plan to adhere to these rules, get
them taken out of the lease or find a new place to live.
-
Repairs
and Remodeling—Usually the landlord will make all repairs to
your apartment. However, if you would like to make some of your
own repairs, or perform maintenance tasks, alterations and
remodeling, you can add this into the lease. Landlords prefer to
do as little work as possible and still keep the tenant happy, so
most likely you will not be met with resistance. The specific
types of repairs or remodeling that you want to make should be
stated. You should NEVER MAKE A REPAIR OR REMODEL WITHOUT TELLING
THE LANDLORD (this includes painting the walls). If you make an
alteration without notifying the landlord, s/he could sue you
for any further damages that might occur if something goes wrong,
or if s/he did not want the alteration made. Remember that this
is NOT your property.
-
Obligations
for Cleaning--Landlords are not required to provide you with a
clean place when you move in. If the place you are planning to
rent is dirty, try to obtain a written guarantee, in your lease,
that it will be clean when you move in. Most leases contain
language that requires you to keep the apartment and outside area
in clean condition. The tenant and landlord have specified duties
under the law for keeping the property clean (see Landlord
Duties and Tenant Duties for these).
- Yardwork—Usually
a landlord will make himself/herself responsible for yardwork
(mowing the grass and trimming hedges). However, the tenant also
has specific duties under the law for keeping the property clean
(see Landlord Duties and Tenant Duties for these).
Additions can be made in your lease. Look for this type of
information and make sure you agree with it.
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