Leasing
Remember: When deciding to sign a lease, you are signing a legal document.
Understand what a lease is: a lease is a legally binding contract between a landlord and a tenant granting the tenant possession and use of the landlord’s property for a given period and setting forth the rights and responsibilities of each party. For example: the amount of rent and when it is due, the length of possession of the rental property, and other rules which govern the tenancy such as whether or not pets are allowed and how maintenance of the property will be maintained. Some terms and conditions of a lease may be negotiable. If changes are made to the lease prior to signing, parties should initial the change on the original lease document, or add a signed addendum. There is no “grace period” to back out of a lease once it has been signed.
Know the different types of leases available for your rental, and make sure it fits your needs:
1. Oral Leases - It is recommended that any lease agreement between landlord and tenant be made in writing, to help avoid possible misunderstandings in the future. If there is no written lease, it is assumed that the tenancy is a month-to-month arrangement.
2. Month-to-Month Leases - This is an agreement to contract for one month at a time. The landlord can raise the rent, alter or terminate the agreement at the end of each month once proper notice has been given. The tenant, likewise, can terminate the contract at the end of the rental period if proper notice is given. The length of the notice period can be negotiated, but cannot be less than the amount specified by statute.
3. Term Leases - A “term lease” is for a specified length of time. The landlord is obligated to rent the unit to the tenant for a specific length of time, for an amount of rent and under the conditions negotiated in the lease. The tenant is likewise obligated to pay the rent and fulfill the lease conditions for the same period of time.
4. Joint leases-The normal lease in Charleston is “joint” which means that all roommates owe not only their share but all other roommates shares, both of rent and utilities. If a roommate does not pay his/her share, the landlord can require if from everyone else. If a roommate does not come to school as planned, the landlord can require the others to make up the difference. Choose your roommates carefully!
5. Subleasing- Leases generally have no provision allowing a tenant to get out of the lease whatever the reason. Most leases do allow subleasing upon obtaining written consent from the landlord. Often the landlord wants to control the subleasing so he/she can get a second security deposit for the subleasee. Technically, the subleasor should get the subleasee’s security deposit, not the landlord, and should control the sublease arrangements, not the landlord.
What the lease should contain:
Leases often have a "Free Access Clause". It often fails to show that the Landlord must exercise that right under normal circumstances only when having given tenant advanced notice of the inspection (so tenants can put the premises in better shape) and make the inspection at a time reasonable for both parties
Entering the Premises- Many leases give the landlord a right to enter the premises at any time to inspect, repair or show. Make sure it includes wording that such right to enter be with advance notice to the tenant and at times convenient to the tenant.
There needs to be a good "Landlord Repair" clause.
The lease should contain a promise by the landlord to have the apartment/house, fully cleaned and/or repaired or remodeled, and anything else you expect the landlord to do, before the move-in date. Make sure it states in the lease that everything is to be in place by move-in time. On the move-in date, if the premises have not been cleaned or repaired/remodeled, you may have a right to refuse to move in and find another place because the landlord had breached the lease agreement. Visit the Student Legal Service first, if possible, before making such a decision.
Repairs- The lease should contain that during the lease term the landlord will make all repairs that arise within a reasonable time of being notified of the problem after you move in (like broken refrigerator, leaking roof, etc.) If the landlord does not make the repairs that you give him or her in your move-in list, or does not make the repairs that occur after you move-in, you can call the Charleston City Building Inspector, at 217-345-4804, and advise his office that there appears to be violations of the City Building Code, and would he send someone out to investigate.
Remodeling issues- Make sure all promises, about how the landlord is going to remodel, clean, etc are in writing.
Is the lease professional-looking? If the lease looks like it has been pieced together from other leases, and/or if the lease is scribbled on and disorganized, you should review it with the landlord and get any questions or concerns addressed immediately. Some landlords use standard lease forms, available at office supply stores. These are usually fine, but not particularly specific to your housing situation.
Going to Court- Most leases contain a provision that if the landlord and tenant go to court, and the tenant loses the case, the tenant will also be liable for the landlord’s attorney fees. It doesn’t take much for attorney fees to exceed $500.00 even for small claims type matters. Most leases contain a clause that if the lease situation ends up in court, if the tenant loses the case, he/she will pay the landlord's attorney fees.
Remember- The rights and obligations of the landlord and tenant are restricted essentially to the written lease. If the lease doesn’t’ say it, you probably don’t have it. Carefully read and understand all the lease terms before signing it to avoid common lease misunderstandings or disagreements.
Include any additions to the lease in specific terms, and initial all changes. Tenants are advised to have their lease reviewed by an attorney if they have specific questions or concerns not remedied by conversations with the landlord. EIU students have access to free legal services and are encouraged to go over unsigned leases with Student Legal Services prior to signing. Please contact Student Legal Services at (217) 581-6054 or visit their website at http://www.eiu.edu/~sls/ for more information.
