For most college students, leasing is a new concept. When looking for a place to rent, you will be required to sign an official document known as a lease. Understanding the terms and conditions of your lease gives you more power as a renter, as you will then have the ability to negotiate and argue, if warranted, about any illegal or unjust terms and conditions within the lease.
A lease is a legal document between a landlord and a tenant. The lease binds both parties together to officialize the terms of the lease and the rights and responsibilities of both parties within the lease. Leases can be large and intimidating, or they can be plain and simple on a single side of a sheet of paper. However the lease may appear, it is largely important that the tenant read over the entire lease and have a steady grasp on all that they are signing for.
For more specific details on what is required to be within a lease and what may vary, check out the rest of this article!
Monthly rent (required)
Monthly rent is a required part of any lease. It should be well established what the exact price per month that is due in rent is. This price should not vary or be subject to variation after the signing of the leasing agreement. The tenant is bound to pay this price and, if for some reason it is short, should let the landlord know in advance in order to limit disputes.
Before signing a lease, the tenant should make sure they are capable of managing the required rent through any financial scenario they may find themselves in. This may mean sacrificing some of the extra luxuries that certain homes offer, but it is required in an entirely practical sense so that no legal issues arise. Check your state’s laws for their specific requirements prior to signing a lease.
Day on which the rent is due (required)
The rent should be due at the same time every month. This is the standard, as it works to prevent any discrepancies or confusion about rent. If the tenant expects that they will be late on their rent, they should inform the landlord prior to the date on which the rent is due and with a reason for having to be late. Check your state’s laws for their specific requirements prior to signing a lease.
Utilities (required)
It should be listed in the lease who is responsible for paying the utilities. These responsibilities can be split between both parties or be placed entirely on either party, but it is crucial to have this list of responsibilities in the lease. Check your state’s laws for their specific requirements prior to signing a lease.
Eviction (required)
The tenant is subject to eviction under circumstances in which they violate their lease agreement. This could be anything from bringing a pet into their property, which has a “no pets” clause, to the tenant paying late or short on rent. Eviction laws vary by state, but typically the landlord will give the tenant an eviction notice “X” number of days before the tenant is required to have vacated the property with their stuff. If the tenant does not move, the landlord can take the case to court for an eviction lawsuit. Check your state’s laws for their specific requirements prior to signing a lease.
Use of property for regular housing (required)
If the lease is a regular housing lease, the tenant is agreeing to use the home for only the typical uses of a home. In most cases, this is just ensuring that the tenant does not attempt to run some kind of large-scale business out of the property. Check your state’s laws for their specific requirements prior to signing a lease.
Right to privacy (required)
The tenant is guaranteed a right to privacy in the home for as long as they live there. This means that the landlord must provide the tenant with a notice before they show up to inspect or take any action on the property. These same limitations should apply to any third-party members acting on behalf of the landlord. These stipulations are set by state legislatures, so every tenant should check the law specific to their state before signing their lease.
Tenant access is required.
As the resident of the property, the tenant should be allowed access to the home at any time while they are still under contract. This is a rather simple rule. Check your state’s laws for their specific requirements prior to signing a lease.
Do not alter the property (required).
The landlord has complete control over what alterations are to be made to their property, despite the fact that the tenant is living there. Before ever altering the property, the tenant should seek expressed permission from the landlord. Check your state’s laws for their specific requirements prior to signing a lease.
Moving out notice (required)
Should the tenant have to move out of the property prior to the end of the lease, they are required to contact the landlord prior to doing so. There are different scenarios in which there is no problem with this, typically involving the military, but this is most often still a breach of contract.
The tenant should try and work out the scenario with their landlord should a dire scenario arise, but it is typically up to the landlord what to do as a final decision. Breaking a lease can be detrimental to a tenant’s credit score and their chances of being approved for a lease in the future. Check your state’s laws for their specific requirements prior to signing a lease.
No pets (optional)
A “no pet” clause could look a lot of different ways, but the general version is the complete restriction of any pets of any kind on the property. Pets can be destructive to property and be the cause of several different lawsuits should they become violent. Respect this clause if it is in a lease, as it could be grounds for eviction. It is also just respectful.
Advice before signing your lease
- Get a copy of your lease. Should any discrepancies ever arise between a tenant and a landlord, the lease will be the final word in the dispute. So, an armed tenant should know their lease “like the back of their hand” to defend themselves should they ever need to.
- Take pictures of property damages with dates. Most renters will never see their security deposits after they pay them. But a great way of avoiding this is by documenting proof of all damages to the property prior to officially living there, so that they can show which damages to the property do not pertain to them.
- Research the landlord. Not all landlords are great. If feasible, the tenant should look up reviews or complaints placed about properties owned by the landlord in order to get a better understanding of how they will be treated after signing the lease. People can change incredibly fast after a signature hits the paper.
- Insist on an easy-to-read lease: To avoid any complications over the language used in a lease, the tenant should insist that the language used in the lease is simple and decipherable. This will further ease any dispute between the tenant and the landlord, should one ever arise.
