Housing guide: What you need to know before signing a lease.
Complicated legalese can make signing a lease confusing. Specified language and lack of explanation can make it hard to be sure what is being agreed to.
It’s normal to not know everything about renting an apartment, said Vicki Mellon, a property manager for Century 21 Wilbur Property Management in Kent.
“We go through everything step by step to help make sure tenants understand what they’re signing,” she said.
A lease is a legally binding contract that makes you responsible for everything covered under it. Like any contract, a lease always identifies the parties involved. When talking in terms of apartments, there are a minimum of three parties involved: the landlord, the tenant, and the property, or “premises.” Each of the parties play a role in upholding a contract.
“What most people don’t understand is, you’re a homeowner now,” said Mellon,“You take on all the responsibilities of home ownership when you sign that contract.”
It is important to make sure the name and property address is listed correctly. If the lease has multiple lessees (people leasing the apartment) signing, each party must sign and verify individually. All signatures on the lease are equally subject to any legal ramifications if the contract isn’t fully upheld. Co-signers hold as much responsibility as the legal tenants.
The “term” of a lease is the legal length of time tenants are allowed to occupy the property being leased. The term also defines how long a lessee is legally obligated to pay rent.
“All of our contracts are for a year,” Mellon said. “Most of the time, tenants stay longer but a year is the minimum.”
At the end of the original lease term, a residential lease can convert to a month-to-month tenancy or can be renewed by the lessee. If a lessee is looking to terminate their contract after the agreed-upon term, most landlords require notice 30 days before the end date.
“We want our tenants to be content in our buildings and stay with us for their entire schooling,” said Asaf Gishron, owner of Sabor Group Real Estate Development. “We always offer extensions to anyone who doesnt break their lease.”
A payment agreement is included in the lease. It will list how much your rent is and when it is due. Be sure the amount on the contract is what you agreed to pay before signing. Pay special attention to any penalties for late payment. Many leases have a short grace period before imposing a late fee. Kent State student legal services attorney J. Chris Sestak said a security deposit is required for a lease. A landlord will hold the security deposit and use it to pay for any damages you may cause. A security deposit is typically equal to one month’s rent and cannot be used to pay the final month’s rent.
“A lot of times students lose security deposits for stupid things like breaking door frames,” Mellon said. “We have to fix and replace doors and handles constantly.”
A residential lease itemizes which parties are responsible for each of the utilities provided in the residence, including electricity, gas, water, and trash service. Understanding utility cost is important in deciding if the apartment will be affordable for you.
“Every lease is individual but we go over everything before the tenant signs,” Mellon said.
If you are looking to have pets, make sure your residential lease allows them. Many apartments have size and breed restrictions and may charge extra for pets. Landlords may also charge a one-time, non-refundable pet deposit or charge a monthly pet fee.
“When you’re living with roommates, it’s harder to have a pet.” Said Gishron. “You have to make sure no one is allergic or has a problem with having the animal around before allowing it to live with you.”
Lessees are responsible for certain maintenance issues, such as lawn care and snow removal.
Rules may also be established for the use of the property. Rules can range from cleanliness to your right to make alterations or renovations. Restrictions on who can live and work on the premises including how long guests can stay. Read all restrictions carefully and if you have any concerns, discuss them with your landlord before signing the lease.
“We find that a lot of students won’t clean their yard waste or clean up after parties outside, but it’s still the responsibility of the tenant to keep their space clean,” Mellon said.
Many leases prohibit subletting the property or re-assigning the lease without the landlord’s permission. This means renting the property without landlord permission could be cause for eviction.
“We don’t often allow people to do subletting unless they have a clear reason why,” Gishron said. “Tenants go through an application process for a reason. We have the same requirements for all of our tenants who want to Airbnb as well.”
Typically, a landlord does not provide insurance to cover your furniture, aluables, or other belongings. The landlord’s insurance only covers structural damage to the property.
“Most co-signers have homeowners insurance that covers the valuables and possessions,” Mellon said. “It’s not required but it is offered to every tenant,”
After being approved for a lease, the last thing that must be done is signing. You will typically need five items:
- Photo ID (Drivers license or passport are common)
- Proof of employment and income. (usually the past three pay periods)
- Proof of renter’s insurance.
- Vehicle information for parking (make, model, license plate number)
- Reference letter for first time renters (only if required by landlord)
Some fees can be due at signing, including first and last month’s rent, security deposit and pet deposit, Mellon said.
“Any lease also will include several other clauses, many of which are routine and follow state law. It’s not a bad idea to review your lease with an attorney before you sign it,” Sestak said. “Kent Student Legal Services has attorneys available by appointment to help coach students through any legal documents.”
Leasing your first apartment: Guide for students looking to lease. https://t.co/QaFLe6WJgS
— Berkeley Chadwick (@berkchadwick) December 6, 2022
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