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Thursday, August 28, 2008
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Leases and Rental Agreements

Sample Rental and Lease Agreements

You should not sign a lease or rental agreement if it has any of the following:

  • An agreement to pay your landlord’s legal fees if any dispute ends up in court
  • A waiver of the tenant’s right to a trial by jury
  • An agreement that your landlord may seize your personal property for non-payment of rent
  • An agreement that the landlord my take possession of the apartment without giving notice to quit and vacate the premises

If you do find one of these items in a lease or rental agreement, say that you will need to run the lease/agreement by a lawyer before signing.  You can cross the item off the lease/agreement and you and the landlord initial the changes. Do not sign a lease just because you are excited about your potential residence, take your time and really review the lease/agreement to make sure everything looks fine.

It is very important to know who is responsible for repairs to your home.  Most often, your landlord will be responsible for repairs that are needed.  Always make request for repairs in writing so that you have a document you can refer back to if needed. If any problems were to arise by a repair that was never taken care of, you will have a record of when the request was submitted.

If your landlord continually ignores your requests and the repair has become a major problem, you may need to repair it on your own.  You should not ask that the costs to fix the repair be deducted from your rent because you’re landlord can sue you for non-payment of rent.  If you feel that you have made every attempt to contact the landlord about the needed repairs, you may have to take matters into your own hands.  If you do experience this problem be sure to follow these steps:

  • Keep copies of all repair requests to the landlord.
  • Have friends visit the apartment during the trouble so that they atest to the trouble it caused you.
  • Write a final letter to the landlord stating that if he does not fix the problem within 10 days, you will have the work done yourself and deduct the cost from your next months rent.  Keep a copy for yourself, and end the letter by certified mail with a return receipt requested.
  • Keep a copy of the check for the balance of the rent and the returned check once it comes back.

Finding your very first apartment is an exciting time in your life, but it is also a business deal.  Follow the steps mentioned above and do the necessary research and you will be sure to find your perfect home.

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