Apartment Lease Basics
An apartment lease is a contract that details the relationship and requirements for a tenant and landlord. Typically, the lease favors the landlord, since the landlord is the one who commonly writes the lease. Tenants should read the fine print and discuss any issues regarding the lease with the landlord or possibly a lawyer prior to signing. A tenant's signature legally binds the tenant to the apartment lease. Oral agreements are highly discouraged; everything should be writing to avoid problems or disagreements down the road. Both landlords and tenants should be aware of state landlord-tenant laws.
Signatures
Both the landlord and the renter must sign the apartment lease. Typically, a witness is not required, but in some cases the landlord might have a staff member witness the signing. Most states require the renter to be at least 18 years of age, at which point he has the legal capacity to agree to a contract.
Identification of Property
The apartment lease should identify the exact address and unit number of the rental property. Apartment renters should inspect the property or hire an inspector prior to signing the lease.
Dates
The apartment lease should also indicate the length of the lease. This includes stating the exact starting and ending dates and times of the contract. Most leases are for 12 months, but they may vary. Leases can be open-ended or month-to-month as well.
Rules and Regulations
The apartment lease or an additional document attached to the lease should include rules and regulations. Rules and regulations address noise concerns, garbage storage and disposal, pets, guests, parking, landlord access to the property and cleaning regulations and standards. If rules and regulations are not properly understood, issues between the tenant and landlord could arise. Some leases allow the landlord to change or amend the rules and regulations without the tenant's approval.
Security Deposit
Security deposits are customary in apartment leases. Typically, the landlord may ask for the equivalent of one or two month's rent payments. In addition, the lease may state that a security deposit can or cannot be used as the last month's rent. The landlord returns the security deposit in full to the tenant after the end of the lease term if no property damage or other damage has occurred during the length of the stay. Security deposits are used to pay for any damage or repairs that were the tenant's fault.
Rent Payment
Rent payment terms should be specified on the apartment lease. This information should include monthly rent amount, total rent amount over the term of the lease, monthly due date, location of payment or the address where the rent is to be paid and form of payment accepted. The lease should also indicate any late charges or actions the landlord can take for unpaid or late rent.
Utilities and Appliances
Apartment leases should describe utilities and appliances included with the apartment. It should specifically indicate who pays which utilities. Utilities that are the tenant's responsibility need to be contracted directly with the utility companies. All utilities provided by the landlord should be clearly stated. Utilities commonly include water, electricity, gas, garbage removal, phone, Internet and sewage. A refrigerator and stove are common appliances that should be referenced in the lease. Additional appliances, such as a dishwasher, air conditioner, garbage disposal and laundry appliances, may or may not be provided.
Occupancy
Many apartment leases include an occupancy section, stating who is to use the apartment. It also specifies the number of tenants who may live there. The occupancy section also indicates whether the apartment can be used for a business. Additional occupancy rules may include number of permitted guests, maximum nights for overnight guests or visitors and whether keys to the apartment may be given to such visitors.
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