Thursday, December 8, 2011

Lease is a bit overwhelming...hesitating to rent...opinions plz?

I just asked this question then realized I pasted the lease wrong. I am looking at an apartment. I would really like to get it the landlord emailed me the lease to look over. It is overwhelming. I would like opinions on it.


a) Upon the expiration of the Lease it shall return possession of the leased premises in its present condition, reasonable wear and tear, excepted. Tenant shall commit no waste to the leased premises.








b) Tenant shall not assign or sublet said premises or allow any other person to occupy the leased premises without Landlord's prior written consent.





c) Tenant shall not make any material or structural alterations to the leased premises without Landlord's prior written consent. A decision of whether or not to give a rent deduction in the amount of supplies paid for by Tenant(s) will be decided at time of gaining written approval.





d) Tenant shall comply with all building, zoning and health codes and other applicable laws for the use of said premises.





e) Tenant shall not conduct on premises any activity deemed extra hazardous, or a nuisance, or requiring an increase in fire insurance premiums.





f) Permission is granted for tenant to have one (1) small dog as a pet. The following terms apply:





1.) All fecal matter must be cleaned at the time of deposit.





2.) No guest pets are allowed on the premises (yard and unit) without prior written consent.





3.) Pet is expected to be up to date on all state mandated inoculations and registered with the county. This is the tenant鈥檚 responsibilities. Tenant must show proof of inoculations should they be requested by landlord.





4.) It is strongly suggested that tenant maintain insurance coverage in case of any incidence pertaining to pet.


Landlord will not be held responsible for tenant pet actions.





5.) Tenant must maintain proper care of pet.





g) In the event of any breach of the payment of rent or any other allowed charge, or other breach of this Lease, Landlord shall have full rights to terminate this Lease in accordance with state law and re-enter and re-claim possession of the leased premises, in addition to such other remedies available to Landlord arising from said breach.





6. This lease shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives.





7. This Lease shall be subordinate to all present or future mortgages against the property.





8. Additional Lease terms:








A.) Premises should be quiet by 10 P.M. each weeknight and 11 P.M each week day night. Be Respectful. At all times noise must be maintained within reasonable level. Loud (blaring) music is prohibited.





B.) No electric heaters.





C.) All occupants of the unit must be listed on lease. Occupants not listed will be considered unauthorized persons and will be removed from the property. Guests are allowed for a maximum of five (5) nights per month. After exceeding this period of time, written permission must be granted from all landlords. Guests staying for more than seven (7) days per week will be expected to pay $35 per guest per week. This fee must be paid prior to guests arrival.





D.) Locks may not be changed unless approved by landlord(s); landlord(s) MUST be provided with new key. All locks will be changed after each tenant. Keys are expected to be returned to landlord(s) at time of tenant鈥檚 permanent departure.





E.) Termination of lease before expiration, by either party, will result in loss of security deposit. Furthermore, should tenant move from premises without at least a 45 day departure notice, a loss of rent fee equaling the amount of monthly rent will be expected to be paid by tenant. If lease has expired it is expected to have a 45 day departure notice, otherwise lease will automatically be renewed as long as tenant has remained within satisfactory limits. Should landlord choose not to renew lease, tenant will be notified in writing sixty (60) days prior to expiration.





F.) Tenant(s) is responsible for personal entrance/exit(s) of apartment during inclement weather. Tenant is responsible for keeping all exits free of clutter, debris, or any other hazards that may cause difficulty exiting at time of emergency.











G.) Tenant(s) is expected to notify Landlord(s) of any damages, leak, etc. that may occur. Should further damage be caused tenant may be held responsible.





H.) Should Tenant(s) (or any person(s) in tenant(s) apartment) cause damage, Tenant(s) will be expected to pay for repairs or replacement. (This includes but is not limited to flushing non- flushable items in toilet, structural damage, dumping grease in drains, broken windows, etc.) Should incident happen, tenant is expected to report it to Landlord(s) immediately. Tenant(s) may then take necessary action to fix|||It sounds like a standard rental agreement to me. If you have a pet you are responsible for all damages that are cause by that dog and not the owner. Sometimes dogs or cats will damage the walls, curtains, blinds, woodwork, carpet, tile, etc.





I have seen some disasters after the tenant has moved out; holes in the wall, broken toilet--I mean broken the ceramics part of the toilet, doors replace with cheaper doors because they were hoping that we would not notice the mismatch doors.|||It's a pretty standard lease. The landlord is protecting what is his.|||Everything seems pretty basic here... BUT not touching the thermostat is very very questionable. Why? If you are paying rent then you SHOULD be able to reside in the dwelling with "quiet %26amp; enjoyment". This does not have to be written into the lease but is always naturally expected. How could you enjoy a place if you are too hot or too cold? This is the only thing that would make me very hesitant to sign this lease. Good luck!|||This is an experienced and educated landlord. It is good to have a lease that spells out all the rules. I rented a place once but the air conditioning ducts had not been cleaned...ever. and in fact they were installed incorrectly causing mold and mildew in the ductwork. My daughter was getting sick. I called in a professional to clean it (at my expense) and was told that it was hazardous to our health and the apartment was unfit for human habitation. It was impossible to clean properly because it was installed improperly. He wrote this on the papers and I was able to break the contract, but it was an incredible inconvenience. I learned from this experience to write in the blank space near the signatures that "This lease is signed with the express understanding that the air conditioning and heating systems are properly maintained by the landlord." My next landlord brought me a/c filters every month, but I hired someone to acid wash the coils and vacuum the ductwork anyway. Anyway, having an experienced landlord is to your benefit. I think the lease is good.





I agree with Joie about the thermostat. Perhaps you should write in that you agree not to touch the thermostat as long as the temperatures will be maintained between 68 and 78 degrees. Those are the temps recommended by our utility company.|||That's pretty much what you'll find in any well written lease.





The additional stuff is all reasonable. I take it that the fire pit is a community amenity and thus, yes he can set guidelines in order to keep it nice for everyone, as well as to prevent someone from starting a fire that could get out of control.





Two car per unit is pretty standard, illegal activity is always banned in a lease, as well as inappropriate behavior from tenants and their guests.





Any complex you rent from will also get on your tail pronto if cigarette butts are littering the area around your unit.





I've never rented an apartment where I couldn't control the heat, on the other hand I've always had to pay my utilities. So yes, I'll say the thermostat thing is weird, although if the landlord stays true to adjusting it if need be, it shouldn't be a problem.|||It's a bit more detailed than a lot of the leases that I've seen, but what's laid out is standard fare -- you'd be held to similar standards in a place with a less explicit contract (exception being the bit about touching the thermostat in units where heat/utilities _aren't_ included in the rent, and uh, not all places demand you smoke outside).





.|||I see no problem. I have seen and cleaned the disasters people leave behind. The landlord has every right to protect their property and enforce the lease.


I enforce the lease where I work 110% at all times. If you plan to rent you need to get used to rules that have to be followed.

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