Read your Rental Agreement
Some advice when renting an apartment
Number of Bedrooms: 1 Bedroom; Rent: $1
A standard lease or tenancy-at-will agreement has no special status; it is merely a form which has been adopted by the landlord for his or her own use. They are written to the landlord's advantage. Read the agreement carefully before signing it. Like all contracts, it must be taken seriously. Make sure that it protects you as well as the landlord. Ask questions about any wording which is unclear. Write in as part of the lease any additional clauses or clarifications which you desire. You and the landlord should both initial each change.
Make sure that the rental agreement reflects reality. For example, only the persons named in the agreement can occupy the apartment. Make sure that everyone, including children, who os going to live in the apartment is listed. If not, make sure that the agreement allows you to bring in additional persons.
Check whether the agreement permits subletting or pets. Don't rely on an oral promise that your dog or cat is OK. If the lease clause says that you need written permission to have a pet, make sure you get written permission. Remember what we said about oral promises. If you are going to have a washing machine, air conditioner, or waterbed, make sure that any standard lease clause prohibiting those items is crossed out. Make sure that any changes are made on all copies of the lease.
Some brokers are all too willing to tell you that a clause in the written lease doesn't really matter. The landlord doesn't really care if you have pets, or the no-smoking clause is just there for insurance purposes, etc. While some lease clauses may be invalid for legal reasons, you should generally assume that provisions in a written lease mean exactly what they say.
Make sure you know what is included in the rent. The agreement should accurately reflect whether heat, hot water, electricity, and gas are included in the rent or are to be paid for separately. Additional charges are sometimes imposed for parking or recreational facilities. If the landlord is providing parking, make sure the agreement says so and that any standard clause to the contrary is altered accordingly.
Finally, make sure all the blanks have been filled in correctly.
The written agreement usually limits your rights in important ways. Leases and tenancy-at-will agreements often restrict whether you can have an air conditioner or washing machine or other appliances. You can be evicted for not complying with these provisions.
Without express provisions in writing, you have virtual carte blanche ownership of the apartment during the tenancy. Unless the contract says otherwise, you have the right to bring in new occupants without the landlord's approval. You also have the right to have pets unless there is a written agreement to the contrary. It surprises many people, but there is no law entitling the landlord to a key to the apartment without a provision to that effect in a rental agreement.
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