Students Beware When Signing a Lease

It's finally here! Your first year at college, and like many, your first time on your very own. This is an exciting time for you and a little scary too but that's normal. You are an adult; finally, you thought it would never get here. This also means that you will need a place to live. Whether you are going it alone or relieving some of the financial burden by having roommates, there are some things you should know about renting or leasing your apartment or house. After reading this article, you will have some idea of what to ask about and look for from the many rentals and renters that are out there today. After reading this, you will have some idea of what to look for and ask about before you make your decision.

It is important to know what your rights and responsibilities are as a renting tenant. Different states have different laws but the Internet can make it easy to find out what your state requires of you as a renter. You may call an agency that will help you find what you're looking for and how much you can afford a month. They require a fee for this service and they don't come cheap. Remember that along with monthly rental payments you will also have electric bills, water bills, and cable bills, oh and I almost forgot, grocery bills, This article is to inform you of some of the legal requirements of which you should know, as well as what may happen if you are faced with violations. Please be aware, these are only guidelines and if you require legal advice, talk to a lawyer.

When looking for a place to live, make sure you check out the surroundings. How does the building itself look? Are the apartments in a decent neighborhood? Close to school, shopping and dinning (aka fast food places) and the most important, does the pizza place deliver here? Do you want to live where there are a lot of children? If not then check and see if there is a playground close by, if there is, that is a good sign the apartments are more family oriented. Do they allow pets and if so does having a pet require a bigger deposit and is there a size limit, or for that matter a pet limit. Today people consider all types of critters as pets. Is there a laundry place within the units, or are there washer & dryer hookups in the apartments. Some apartments come with washers/dryers. If you do need any legal advice you should speak to a qualified attorney. If you are a student, assistance can be obtained at the Office for Student Affairs, at any college.

TYPES OF AGREEMENTS

There are many types of landlord-tenant relationships. Your landlord may require a specific type of agreement or may let you choose one that more suits your needs.

A Tenant with a Lease: This lease requires one who signs a lease to rent a particular apartment for a certain time period. This is a written document that legally binds both parties and states the tenant is obligated to pay a stated amount of rent at a given interval, usually monthly, in return for a safe, livable apartment. This contract should clearly state all rights and responsibilities of both tenant and landlord. If the wording is unclear, or there is something you don't understand, do not be shy, or feel foolish for having to ask an explanation. Make sure the landlord clearly explains any unclear wording. Of course, it's always a good idea to READ THE ENTIRE LEASE before signing, or you may end up signing something you did not realize you were responsible for. "Any provision which conflicts with the law or requires you, as a tenant or prospective tenant, to waive your rights is void and unenforceable (M.G.L., c. 186 15B)."

The state consumer protection regulations {940 CMR 3.17(3b)}, a landlord must include the following in a written rental agreement:

Ø The names, addresses and telephone numbers of the owners and any other persons who are responsible for the care, maintenance and repair of the property;

Ø The name, address and telephone number of the person authorized to receive notices of violations of law and to accept notice of lawsuit on behalf of the owner;

Ø The amount of the security deposit and disclosure of rights under the Security Deposit Law.

Ø The landlord should describe in the lease all rental terms, conditions and charges. During the lease term, the landlord cannot add a charge for the use of facilities that were available at no cost when the lease was signed.

Ø Check that all blanks appearing in the lease have been filled in and that the agreed upon rent is stated.

Ø Write into the lease all verbal promises, additional clauses or clarifications made by either party. Both you and the landlord must initial each change.

A Tenant at Will: This is when a person lives in a rental unit but does not have a lease. A lessor will allow the tenant to pay periodically, usually monthly; this agreement may also verbal or written. The drawback of a Tenant at Will is either the landlord or tenant can terminate this arrangement at anytime without any reason. However, either party terminating the agreement must give a 30 day notice or one full rental period in advance, whichever is longer. A good idea to cover yourself would be to send the notice through certified mail, with a return receipt stating your request.

A Rooming or Boarding House Tenancy: These tenancies differ from the prior type leases because the agreement may be terminated in as little as 7 days. The only reason a landlord has that option is if a tenant pays weekly AND the tenant is harassing the other tenants. If the tenant is still there after three months, s/he will be considered a tenant-at-will.

DEPOSITS

Here's where the most important topic enters the picture. You will be asked for a deposit to insure against damage to the property, cover the last month, or both. There are specific guidelines set by law on how to handle deposits.
Prepayments: Prepayments or money to which the landlord is entitled before you move in, are limited by law (M.G.L., c. 186, §15B) as follows:

• the first month's rent
• the last month's rent
• one month's security deposit equal to one month's rent
• purchase and installation cost for a lock and key

LAST MONTH'S RENT AND SECURITY DEPOSIT

Last months rent and security deposits are NOT the same. Last month's rent is for the last month of tenancy. Security deposit is money to ensure the landlord that rent will be paid, and the tenant will take responsibility for any or all damages that is cause by the tenant while living there. Last months rent and the security deposit can not be larger than one month's rent, but if the landlord raises the rent, s/he can require that the security and last month's rent be raised also.

THE LANDLORD IS OBLIGED TO PAY INTEREST ON BOTH LAST MONTH'S RENT AND SECURITY DEPOSIT.

Payment of Interest: To allow you to be eligible for interest on your deposits, they must be held at least a year, maybe more. The interest paid to you depends on the current rate of interest paid by the bank. A very important law is the one that requires a landlord to have your deposits in an interest-bearing account at a bank nearby, although s/he is not required to have two separate deposits.

After 30 days of receipt of the security deposit, the landlord must give you a receipt identifying the bank's name, address, amount, and account number. If the landlord fails to do this then you are entitled to demand your security deposit back.
Statement of Condition: When the landlord takes your security deposit, s/he must give you a signed written statement describing the present condition of the premises. It should give a list of any damages already existing within the premise, along with any violations adjudicated by a court. If you do not agree with any part of the statement, then you have to put your grievances in writing and give it to your landlord within 15 days after moving in. Your failure to do this may cause the court to view it as an agreement of the conditions on your part, and any future grievances you may have will be null and void.

HABITABILITY RIGHTS

You are entitled to live in a clean and safe environment. The State Sanitary Code protects the health, safety, and well-being of tenants and the public. Local Boards of Health enforce the Codes. Here is a list of what these codes cover.

Heat: Your landlord must provide and keep in good working order a heating system. Depending on which state you live in, there are certain times of the year, and certain hours in the day and night were the renter is required to furnish heat at certain temperatures.

Cockroaches and Rodents: Landlords who rent units of 2 or more must keep the units free from any type of insect or rodent infestation, and are responsible for their extermination.

Kitchens: The kitchen sink needs to be big enough to wash dishes and utensils. The stove and oven must be in good working order, unless there is a written agreement in the lease that requires the tenant to supply their own stove and oven and if so, the space should be big enough for the oven. A refrigerator is not required to be in the unit.

You should at least be knowledgeable to what you have read here. However, this is just a portion of information you need to know when renting an apartment or house. If you do run into problems while you're renting or after you move out and are trying to collect your deposit. Using the excuse of "I didn't know" will only get you disgusted looks from others. The phrase "Knowledge is Power" is a good one.

Read over everything before signing, and don't let someone's impatience push you to hurry. Even if the landlord is explaining the document to you, just politely tell them to give you a minute to read it for yourself. It is your name that is being signed on the dotted line and that makes you responsible for what happens to the property.

If you would like more information about what your rights are, you can go to this website:
www.real-estate-law.freeadvice.com

Congratulations for striking out on your own and becoming independent. Be smart and stay safe, common sense may help you out more than you realize, so listen to it. Arm yourself with the information you need to be a responsible adult.