Renting a Home:
The Rental Process
Rental Contracts
A good rental contract protects the renter as well as the landlord. When you have decided on an apartment, you will most likely be presented with either a lease or a written agreement. Read the entire contract and make sure you understand the consequences of all the terms before you sign. Verbal assurances such as “well, we never enforce that part,” or “that will be fixed next month” do not count. Only what is written counts if there is a disagreement.
Leases
A lease is a written and dated legal document that records the contract between the owner and the renter. If you do not understand the lease, consult a lawyer before signing. Make sure the lease includes:
- names, addresses and telephone numbers of the landlord, manager and tenant
- address of the property
- person responsible for utility bills; the extent of the landlord's obligation to repair and maintain the rental unit
- description of the rental unit before occupancy
- list of furnishings in the rental unit; the duration of the lease, beginning date to ending date; the amount and due date of rent, where it is to be paid and penalty for late payment
- responsibility for maintenance
- dollar amount of security or damage deposits and conditions under which the deposit will not be returned
When you are renting a single family dwelling, taking care of landscaping may be your responsibility. If you think the landlord is responsible, make sure it is stated in your lease. Also, check on garbage removal. Find out if service is provided to the housing site or if you must make arrangements. Note: References in the lease to sanitary fees are for the sewer system, NOT for garbage pick up. If the house is on a septic system, you need to make sure the lease states who is responsible for providing service, including emergency service to the septic system.
It is important not to assume anything about the property. For example, do not assume the garage comes with the house. Make sure the lease states you are renting the house and garage. The same is true for any outbuildings such as workshops or storage sheds. Also, if the house has no garage make sure the lease says that you and your guests may park in the driveway at no additional cost. Be sure the lease states the number of bedrooms in the house, especially those located in a basement or attic. If an area containing bedrooms becomes unfit for living while the rest of the house is still habitable, you will be in a better bargaining position with your landlord if you can prove that the uninhabitable space was leased to you for living and sleeping purposes.
Make sure your lease includes a list of all appliances that the landlord will provide and maintain in good working order. Do not assume a washer, dryer or any other appliance will be repaired at the landlord's expense. Also, include a statement of landlord responsibility for the maintenance and repair of heating, air conditioning, plumbing and electrical systems as well as repair of weather damage to roof, walls, windows and other parts of the structure.
See the Apartment Lease/Agreement Sample for further information.
Written Agreements
A written agreement is a somewhat shorter and more informal contract than a lease. It often permits month-to-month tenancy and allows the landlord to write in restrictions. A written agreement also might permit the landlord to change rent prices at his own discretion. The tenant may add or subtract provisions to or from the agreement. Both parties should initial all changes, sign and date the agreement.
Oral Agreements
An oral agreement is another way apartments are rented. Such an agreement offers little protection to the renter should the landlord fail to live up to the oral commitments. It is advisable to have a written agreement or lease rather than an oral agreement.
Next: Regulation of Rental Contracts
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