| The Premier Information Guide |
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Rental Property : Tenants & Landlords |
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- View - Rental Property: Tenants
- View - Security Deposit
- View - Maintenance
- View - Remodeling and Improvements
- View - Access to Premises
- View - Late Payments
- View - Rental Property: Landlords
- View - Questions for Current and Previous Landlords
Rental Property: Tenants
As a tenant, you want to be sure to rent from a "good" landlord--someone who will take care of the property and who doesn't impose undue restrictions on your use of it. A lease should contain provisions that:
- Make it clear that the document contains the entire agreement of the parties.
- Require any changes to the agreement to be in writing and signed by both parties.
- Preserve the overall agreement even if one of the provisions proves to be unenforceable.
- Make it clear that the rights of both parties are cumulative (all rights are available), not exclusive (limited to the right that is exercised first).
These statements may sound like "legalese," but it's important that these provisions be included so that your rights under the contract are protected.
Security Deposit
The security deposit is the landlord's contingency plan if you turn out not to be such a good tenant after all. The landlord can require a security deposit so that funds are available to repair damages you cause, to clean the rental unit for the next tenant, or to compensate for unpaid rent if you default.
After you move out, your landlord will be allowed to charge the expense of any necessary cleaning or repairing of damage against your security deposit. At that time, you should request an itemization of the "damages" claimed and the amount charged for each. Before you sign your lease, make sure it specifically states what the landlord can (or can't) withhold from the deposit, so that there are no disputes later.
Although the security deposit amount might be a multiple of your monthly rent, you should not assume that this means you don't have to pay the rent the last month of the lease. Not paying the rent the last month could be considered a default of the lease for which the security deposit could be kept, but it also might put a blot on your credit rating. You should plan to pay the full amount of your last month's rent when it is due and assume that you will get back all or part of your security deposit at a later date.
Maintenance
It's important to indicate clearly exactly who is to be responsible for maintenance of the property. As the tenant, you have an obligation not to damage the property (and in an emergency you may be responsible for making repairs to prevent further damage), but you have a right to have the property maintained in good working order.
Generally the landlord is responsible for maintaining the premises in a habitable condition. That doesn't necessarily mean that your landlord is going to fix the plumbing himself - but he or she does have to pay for the plumber to come make the repairs. (Make sure the lease is clear on who contacts the plumber, though.)
If specific repairs are necessary at the time you sign the lease, you'll want to document them within the lease. Include a description of the problem and the date by which the landlord has promised to complete the repairs.
Remodeling and Improvements
Your landlord probably will want to restrict your right to remodel or make improvements to the property. A general provision such as "no changes without landlord's consent" can be viewed either as very permissive (the landlord is willing to consider anything) or very restrictive (the landlord isn't willing to give you outright permission to do anything).
The landlord has two concerns in allowing you to remodel or improve the property. The first is that you'll do something that most people wouldn't like, and he or she will have to pay to undo your improvement. The second is that you will contract to have work done and default on the payment, leaving the property vulnerable to foreclosure if a lien is placed on it by the contractor.
If there's something specific you want to do to the property, such as paint the interior walls a color other than flat eggshell white, try to get the landlord to agree to adding the provision to the lease. It can't hurt to ask. Or ask the landlord to make the improvement himself, so that he or she retains control over the process.
Access to Premises
A lease gives you the legal right to occupy property. The landlord still owns the rental unit, but by leasing it to you he or she agrees to allow you to "possess" the property for the period of time stated in the lease. In doing so, the landlord agrees to give up his rights to occupy the property.
However, your lease probably will include a provision that allows the landlord some access to your rental unit, when it's for appropriate purposes such as making repairs, inspecting the property, or showing the rental unit to prospective tenants. You'll want to make sure the provision is liberal enough that your landlord is able to access the property when necessary, without being so open-ended that it allows free access at any time with no notice.
Many states require a landlord to provide advance notice--12 or 24 hours--of the intent to enter the premises. In some cases access is restricted to daylight hours. (The landlord can enter the property at any time for emergency purposes, even without providing notice or obtaining your consent.) If your landlord complies with the applicable landlord/tenant laws, you cannot unreasonably refuse to allow him or her to enter the property.
Late Payments
To protect your financial and credit "health", you should plan on making your rent payment in full and on time. To protect themselves, most landlords will include a late payment penalty provision in the lease. Many states have laws that limit the amount that can be you can charged. In some states the late fee must approximate the actual damages sustained due to the delay; other states set strict per-day or per-month charges. Know your rights - check with an attorney or the housing department in your area to find out how much a landlord can charge you for a late fee.
Rental Property: Landlords
As a landlord, you want to be sure to rent to "good" tenants - people who will take care of the property and pay the rent on time. Knowing the laws regarding rental real estate will help you make effective decisions about prospective tenants and enforce your rights as the owner of the property. However, state and local laws vary widely. Consult a real estate attorney in your area if you have questions.
Current and Previous Landlords
A key source of information is the applicant's current and previous landlords. Questions to ask the current landlord might include:
- What is the current rent payment amount?
- How long has the applicant been a tenant?
- How many times has the applicant been late with the rent?
- Have you had any complaints from neighbors regarding the applicant?
- Is the applicant presentable? Cooperative?
- Why is the applicant moving?
- Would you rent to this person again in the future?
Compare the reasons given by the applicant for wanting to move with the answer provided by the current landlord. If you suspect a bad situation (and the current landlord would say anything to get rid of the tenant), contact a former landlord, who has no reason to care whether the tenant moves or stays.
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