th<\/sup> state, Arkansas, it\u2019s also a crime to not pay your rent when due. Be careful!)<\/p>\nWhat does this mean? If the apartment isn\u2019t currently habitable, or is unsafe, your landlord is required \u2013 at his expense \u2013 to fix it up, no matter what the lease says. A landlord trying to get you to take an unsafe apartment may be trying to make you pay to fix his problem. Don\u2019t do it. And don’t ask too many questions about whether an apartment is habitable or unsafe. If it looks or feels reasonably unsafe, stand your ground.<\/p>\n
If the apartment is habitable and safe, the landlord isn\u2019t obligated to do anything else. You may want to negotiate for move-in repairs or modifications, but a statement that you accept the apartment is irrelevant (your signing the lease evidences your acceptance).<\/p>\n
Tenant is responsible for repairs<\/b>. The landlord must ensure that the apartment is safe and habitable, and you can\u2019t be made to pay for those repairs. Otherwise, if the landlord agrees to provide certain things in the lease (e.g., a dishwasher), then as a matter of contract law the landlord is responsible for ensuring that they work. You might agree to do certain repairs in return for compensation, but it\u2019s the landlord\u2019s job to provide the apartment she agreed to provide.<\/p>\n
Landlord may enter at any time for any reason<\/b>. Landlords can enter with no notice in case of emergency (which is probably a good thing!). Otherwise, by law in nearly all jurisdictions your landlord can\u2019t enter your apartment without prior notice. How much notice may be specified in the law \u2013 it\u2019s often 24 hours\u2019 notice \u2013 or it may be \u201creasonable notice\u201d. Your lease may describe specific things that constitute emergencies, e.g., bedbug infestation, and may also describe circumstances when the landlord can enter the apartment with notice. Be clear on what these situations are.<\/p>\n
Tenant will pay X in maintenance\/guest\/cleaning fees<\/b>. Often fees are permissible, so this is more about making sure you know what you\u2019re getting into. If you\u2019re going to be charged a monthly cleaning fee, for example, make sure you know what\u2019s being cleaned, by whom, how often, and whether the cleaners will be able to access your apartment without you there. Also note that certain types of fees (unreasonably high late fees, or guest fees) may not be legal in some states.<\/p>\n
Anything where you waive a right<\/b>. It\u2019s difficult in almost all states to waive rights to which you\u2019re entitled by law, even if the lease says you\u2019re doing so. That said, whenever you\u2019re waiving anything make sure you understand what you\u2019re waiving<\/em> and why you\u2019re being asked to waive it<\/em>. This may alert you to an issue of which you weren\u2019t aware, and though the landlord may not agree to change the lease you\u2019re now forewarned.<\/p>\nLandlord will not be held liable for any damages<\/b>. Again, the landlord can\u2019t get out of his legal responsibilities. If the landlord acts negligently in failing to keep the apartment or building safe, the landlord should be liable if you get hurt or your property is damaged as a result. Beyond that, ask what damages the landlord is concerned about and why. You\u2019ll get clues as to what\u2019s important to the landlord.<\/p>\n
Landlord has the right to change lease provisions at any time<\/b>. Maybe this doesn\u2019t matter \u2013 do you really need notice and an opportunity to be heard if the pool hours are changing? \u2013 but if the landlord can change key terms of the lease without your consent (or at least telling you) you\u2019re at real risk. The landlord\u2019s verbal assurances that they won\u2019t use this power aren\u2019t good enough here \u2013 make sure the lease includes restrictions on the landlord\u2019s ability to unilaterally change material terms of the lease.<\/p>\n
NOTE: This post is not intended to constitute, and does not constitute, legal advice and may not be used as such.<\/em><\/p>\n_________________________________________________________________________<\/p>\n
Need help dealing with movers? We’ve got nine tips to help you out.<\/a><\/p>\nHow about ideas for making your space look bigger? We have those as well.<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"When you\u2019re looking for a new apartment, it seems like finding a place where you\u2019d love to live is the hardest part. (We can help!) But finding the new place is only half the battle. You still need to apply for it, and once your application is accepted you need to negotiate and sign a […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[150],"tags":[],"yoast_head":"\n
Seven Lease Provisions to Watch Out For - Real Estate Topics, Tips, and Guides<\/title>\n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\t \n\t \n\t \n