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July 10, 2009
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Understanding Your Lease

Maybe you'll sign the lease, move in to your new apartment, and everything will go as you desired. There's a chance that you will never have any lease problems. However, there's also a chance that by signing the lease without scrutinizing it, you missed paragraph five, section "b" which informed you that if a rental payment is one week late, you will be evicted, your tires will be slashed and your first born child will be stolen and sold to gypsies. Don't let this happen to you!

Suzie, the perky, blonde representative of Miscellaneous Apartment Village hands you the lease and a pen. You're excited about moving in to your new apartment, and begin skimming over the billions of tiny letters. Smiling, the representative beams, "Just sign and date the bottom and we'll get you moved right in." Sounds easy enough, right? Why should you sit there and waste 30 minutes trying to understand this sea of words? Suzie's a nice lady, and you're sure there isn't anything in the lease that you haven't already spoken with her about.

Maybe you'll sign the lease, move in, and everything will go as you desired. There's a chance that you will never have problems with the lease. However, there's also a chance that by signing the lease without scrutinizing it, you missed paragraph five, section "b", and you're really going to miss your first born.

Realize that landlords are allowed to include any provisions they want. And once you sign the lease, the terms (in most cases) are legally binding. Take the extra time to completely understand this document, and don't feel awkward if the representative stands impatiently over you. You are in control. They aren't paying you, you're paying them... so if they're too impatient to wait for you to sign the lease... then take your business elsewhere.

When you get the lease, analyze every word. Some of it may be confusing. Take your time. If you don't understand a clause, ask for clarifications. If you don't agree with a provision, see if you and your landlord can compromise. If you do feel it's necessary to make changes to the lease, these changes should be initialed by both you and the landlord. Do not settle for oral agreements. An oral agreement will not hold up in court. Every agreement should be written, dated, initialed and saved.

By all means SAVE A COPY OF THE FINAL LEASE signed by you and the owner or manager. This is the most important document when it comes to settling an apartment disagreement. You should also keep a copy of the apartment/rental housing rules (sometimes called "community policies") for the same purpose.

The Texas Apartment Association suggests you look for the following things in your lease:

Check to see how much advance notice you must give before moving at the end of your lease term. A 30-day written notice is normal when rent is paid monthly. Look for security deposit refund restrictions. Look for your rental housing owner's obligation to make needed repairs. A requirement for diligence is common. Be sure to read any cleaning instructions. Cleaning costs usually can be deducted from your security deposit if you fail to follow instructions.

Check on prohibitions against subletting or keeping animals. Written permission is usually required. Also, there is usually an extra deposit for animals.

It's amazing how many people will sign documents without actually understanding or even reading them. Maybe the contract looked too long, or perhaps the language seemed confusing. It's okay. The time you spend completely understanding this contract will only benefit your position as a tenant.

Also See:

  • Be Secure With Your Security Deposit
  • Getting Your Fix: Tenants' Rights to Minor Repairs
  • Don't Sign That Lease Yet
  • 8 Tips for Renting the Right Apartment
  • Published: October 26, 1999

    Use of this article without permission is a violation of federal copyright laws.











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