9 red flags renters should look for in lease agreements
Navigating the current housing market is a nightmare, particularly as a renter. Once you find somewhere you want to live, there’s an uphill battle of applications, fees and walk-throughs before you even get a lease in front of you. By the time you get here, it can be tempting to sign on the dotted line to get it over with and move in. Trust me, I’ve spent months hunting for a rental before and after going through multiple applications (that are damned expensive) — all I wanted to do was get moving once we found a place that accepted us.
The reason you don’t want to sign your lease without reading it is because it is a legally binding contract. Know that it is well within your right as a potential renter to send back a lease with a correction, as for clarification, or ask certain things in your lease be amended. Of course, it is also within the renter’s rights to refuse you depending on the request, and they do tend to have the upper hand as renters are a dime a dozen.
Here are nine things to look out for before signing your lease:
Please note that these do not apply to unique living situations such as college dormitories which have their own sets of laws that apply to them and can have more restrictions placed on residents.
1. Refundable deposit
All leases should allow you to be refunded your deposit. If your lease lists a nonrefundable deposit, ask your landlord or property management company to amend your lease to make your deposit refundable.
2. Landlord’s access to property
It is reasonable that the landlord has some access to the property while you live there to do regular inspections on the property, fire alarms and such, but your lease should not grant them unlimited or unfettered access to come into your apartment whenever they please.
3. Limits to the use of the property
Look out for anything limiting your right to have guests, time limits on guests or limits on parties or gatherings. You have a right as a tenant to reasonable use of the property, which includes temporary guests and gatherings.
4. Maintenance
Do not sign a lease that makes you responsible for maintenance of the property that is unreasonable. Generally speaking, you should be responsible for the maintenance of the house impacted by you living there — yard work, cleaning spaces, changing filters, etc. You should not be held responsible for the ongoing maintenance of the landlord’s property such as electrical, plumbing, heating or cooling systems, etc.
5. Waiving right to sue your landlord
Do not, under any circumstances, waive your right to sue your landlord. If this is included in your lease, this waives your right to sue them even if they break any landlord-tenant laws. If you see this in your lease, ask your landlord to remove it before you sign.
6. Vague renewal rates
Be cautious of any wording that suggests a new rent amount at a later time or committing to a renewal on your current leases without specific numbers.
7. No tour of the property
Tour the property before you sign, even if it’s a virtual tour. If the landlord refuses to set up a tour before you sign the lease, that is a major red flag and I would suggest looking elsewhere.
8. Payment
If the landlord or property management company requires payment outside of an application fee before you sign the lease, don’t send them money. And if your lease specifies only allowing wire transfer or cash payment to pay rent, that is a red flag that something is awry with the financial aspect of your rental situation. Best to steer clear of this if you can.
9. Name on the lease
Make sure everyone who lives with you, including any pets, are clearly listed on the lease with their legal names. If your landlord finds out people or pets not listed on your lease are living in their property, they have a legal right to kick those people or animals out as well as charge you any applicable fees.
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