COLLEGE STATION — One of the most valuable bits of advice a renter can take is to read a lease carefully before signing it.
“Many fail to realize that a lease is a legal contract,” said Dr. Joyce Cavanagh, family economics specialist with the Texas Agricultural Extension Service. “Once you sign it, you are legally required to pay rent the entire length of the lease period even if you move out.”
A renter may change terms of the contract only if the landlord agrees, she said. Changesmust be made to all copies of the contract, and initialed by the landlord and renter.
“Verbal” leases usually are in effect on a month-to-month basis, and have more disadvantages for the renter, Cavanagh said. The landlord can ask a person to move out without reason, raise the rent or make other changes as long as a one-month notice is given.
“If you have a written lease, you and the landlord must follow its’ provisions for the length of the lease,” she said. “As long as you follow the rules of the lease, you cannot be forced to move out, and rent cannot be raised until the lease has ended.”
If your potential landlord does not offer a Texas Apartment Association (TAA) lease, Cavanagh advises you to compare the one you have with the standard lease available from TAA.
“A lease holds detailed information that should not be ignored,” Cavanagh said. “For example, if the lease allows, the landlord can enter the apartment and seize personal property such as sports equipment or furniture and sell them to pay back rent.”
Most leases include these sections:
* Occupants. Leases often forbid anyone to stay in an apartment unless they are named in the lease. If subleasing is allowed, you are still responsible for the rent being paid on time.
* Move-out notice. You must provide move-out notice in writing. TAA has a “Resident’s Notice Of Intent To Move Out” form. A lease cannot be terminated before it expires. When renting month to month, 30 days written notice is required.
* Security deposit. The security deposit can be a cleaning and damage deposit, and some leases may include the last month’s rent.
* Rent. This section spells out penalties when tenants are late paying their rent. If you do not move in the first day of the month, the first payment may be reduced or prorated.
* Special provisions. List needed repairs noted during the initial inspection of the apartment here. You might want to add a sentence that indicates rent is not due until repairs have been made.
* Rules or policies. Rules apply to tenants and often address conduct and what a tenant can and cannot keep on the apartment grounds.
* Condition of the premises. You usually have 48 hours to notify the landlord of problems within the time you move in. Such notice should be in writing. Keep a copy.
* Repairs and malfunctions. Requests for repairs must be made in writing. If a landlord does not promptly make repairs, a tenant may or may not be able to pay for the repairs and deduct the cost from next month’s rent.
* Reimbursement. If the tenant has damaged the landlord’s property, the tenant is required to pay for repairs.
* When owner may enter. Others, such as a repair person, may enter the apartment on behalf of the landlord. Find out who will have a key and be allowed to enter the apartment when you are not there. Some landlords will agree to enter the apartment only if the tenant is present. If so, get it in writing
* Default by owner. If the landlord fails to live up to the lease agreement, the renter is entitled to end the lease, but specific steps must be taken to protect yourself.
* Default by resident. Tenants are evicted when they fail to pay rent or abide by other provisions stated in the lease, but they can not be locked out of their apartment, she said.
However, the landlord can change the key if notice is left telling the tenant where to get the new key.
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