Learning The Lease Language

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You may also wish to obtain copies of the state landlord-renter laws. Many organizations provide helpful consumer information on rental laws. Check with the state’s consumer agency, the state or local affiliate of the NAA, state bar associations, local renter organizations or the housing office on the installation, if you are a servicemember.

Expect your lease to include clauses stipulating the amount of rent, when and to whom it is due, amount of security deposit, term of lease, obligations of the renter and rights of the landlord. Leases which emphasize the landlord’s responsibility for repairs and maintenance may indicate a positive rental environment.

Leases commonly limit the number of individuals who may occupy a single rental. Leases also prohibit renters from “altering” the premises without the landlord’s permission. Before redecorating, you will need written permission from the property manager or the landlord.

Be cautious of clauses attempting to remove the landlord’s responsibility for keeping the unit fit for occupancy (“habitable” is the word often used in leases). Such clauses are illegal in most states, as are provisions relieving landlords of responsibility for injuries due to lack of maintenance.

Note the difference between items which are “available” and items which are “included.” These may include such amenities as parking spaces or cable television. The word “available” can indicate that an extra fee may be required.

Leases may be amended. If there are changes or additions on which you and your landlord agree, simply state the new terms in writing. Then have both parties sign and date each one. Question any aspect of the lease that is unclear or seems inappropriate.

See Renter/Landlord Responsibilities for more information.

Clauses To Note

You may find it necessary to terminate your lease early due to a specific event such as a job-related relocation, change in marital status or purchase of a new home. If you anticipate that one of these events could occur during the term of your lease, ask that a clause be included in the lease that will allow early termination without penalty should you be required to move due to one of these events. The landlord is not obligated to include such a clause, but may accept early termination with ample notification and proof of the event causing the need to move.

Among other sections to review is the rental’s returned check policy. If a rent check is returned, there may be a penalty fee in addition to a late payment fee. Security deposit refund policies also vary. The lease will describe when the landlord will refund the security deposit and any possible deductions.

Federal law prohibits landlords from discriminatory leasing practices based on race, color, religion, gender, national origin or disability. Since laws may vary by state, check with your state government’s housing, consumer or real estate agencies for details.

Clauses That May Vary

One clause which varies among states is the grace period on the payment of rent — that is, the time between the formal due date and the day on which you become liable for a late charge. Rent is typically due on the first day of each month. The lease may stipulate that after the grace period, renters pay a late charge.

The way utilities are assessed and paid may also vary regionally. In some locations, utilities are included in the overall rent. In others, they are assessed separately. Utility charges may be based on actual meter readings, or on the square footage of the rented area.

Other extra charges may include community association or condominium fees and pet deposits. Pet deposits are often a requirement. In some locations, the landlord will include a comprehensive pet agreement in addition to the lease.