Apartments for Cheap

Questions and Answers

Your Questions About Apartment Lease Example

July 15, 2013

Richard asks…

Where can I find an example contract to hold an apartment while waiting to sign lease?

I put down a security deposit for a specific apartment unit. It seems like the property management company is dragging their feet on getting a lease for me to sign.

I really need to know that the unit is mine, guaranteed, otherwise I have to get my security deposit back and move on as I won’t have a place to live in 2 weeks after my current lease is up.

What can I make the company sign to guarantee that the unit will be mine and that they will have a lease ready to sign in x amount of days?

Administrator answers:

Read the lease agreement; seek out the part that says ‘management
will get back to the tenant no later than…………’

if that is not included, call the top manager and let them know
you need to know the move in date today or you will need
your deposit back.

Next time, if the LL does not have deadlines built into their
applications and what not, it is FINE to bring your own.

Meaning, have then sign your document that “if “a” does not
occur by ‘x’ date, then the app is void ad the deposit will
be returned the following date.

And get their sig. IF they refuse to sign [most will]
then maybe you should buy a small house and not
become a tenant!

Sandra asks…

can a prefferntial rent on a rent stablized apartment lease in NY be tax write off?

can a landlord write off the difference they are charging a tenant if the legal rent is for example $1500.00 and they are charging $1400.00 a month. can the $1,200.00/year be a tax write off? if so what category or write off should it be categorized as and fall under. Please let me know where i can find more information or guide me in where to search or whom to ask.

Thank you

Administrator answers:

No. You are doing business and even though you are restricted on the maximum rent you can charge, you cannot deduct the “difference”.

Besides, if you are an individual you have to report on the Cash Basis which means you can only report what you actually receive and what you spend. You d not report rent you’ve charged but have not received and you do not report expenses that have been billed to you but not paid.

Joseph asks…

How can I get out of this apartment lease nightmare?

Hi,

I signed a year lease in September 2009 for an apartment. I was able to pay for it just fine, but things went downhill fast. I was told that I would have a dishwasher, and my apartment didn’t have one. I also was never told that the apartment had been having problems with bedbugs for years, or that I couldn’t control the heating system and it would get over 100 degrees in the apartment sometimes. Fortunately I never had bedbugs, but I was always at risk. I also didn’t have a smoke detector until I realized it was missing and requested that they get me one.

In November the neighbor across the hall moved in with a dog that barked loudly for about 5 minutes every single time I opened my door, and sometimes even when I flushed the toilet. The apartment had hardwood floors and concrete walls, so it would echo, and I couldn’t get away from it or cover up the sound unless I turned on music that was moderately loud. I complained numerous times to management up until the day I moved out in April and nothing was done about it. I have generalized anxiety and couldn’t calm down at all when I was in my apartment.

In December I started to realize that my apartment was too big and I was having trouble paying the bills so I started a search for a roommate. I found one and she moved in in January, paying half of the rent. My friend helped me write the ad and said that I should offer to pay the utilities, so I did, which amounted to between $130 and $175 a month extra.

I kept dealing with the fact that I was living in the living room, getting barked at, dealing with traffic noise and things in the apartment breaking, for example:

- once only 3 of the 7 washers were working
- another time a pipe exploded above my washer and soaked all my clothes, forcing me to wash and dry them until I’d used all the money in my wallet and the clothes were still wet. I hung my jeans in the shower and the dye came out and stained the tub.
- My window screens were too small and installed using old, rusty screws so they would fall down. Wasps and other bugs were getting in and I may be allergic to wasp stings. Maintenance told me to seal them in with my own duct tape and refused to replace the screws.
- My sink faucet was installed upside down and they refused to fix it.
- My front door would break and not lock properly and they refused to replace the lock, only repaired it so it would lock for a few more weeks until it broke again.
- etc.

I complained and complained and tried to work something out to no avail on my end. Finally I decided that I’d had it when the complex issued a warning against me and put a note in my file about how I had been yelling and cussing at my neighbor through the door to shut her dog up (after five months of getting barked at every time you opened your door, you’d be cussing too!). I guess my neighbor had called the police on me and tried to file a charge of elder abuse, because she’s a senior. The complex absolutely refused to work with me on any of this. The dog was still barking and they essentially told me that I had to just deal with it and I couldn’t complain or do anything to let anyone know that it was bothering me, which is absolutely impossible with my anxiety. I tried to explain it to them and they told me that I can control it…is this at all grounds for saying they’re discriminating because of a disability?

Anyway, I moved out last weekend. I had it worked out with my roommate that I would keep paying my share of the rent, and for her utilities still, even though I wouldn’t be living there. I told her that I would try to find a new roommate to take my place and pay for my part of the rent and utilities. She agreed and it seemed like everything was fine.

So I moved out and put out an ad looking for a new roommate. I had about five people interested and forwarded the messages to her and asked her to let them know when she was available so we could meet them and decide.

She sent me back this ridiculous thing about how it’s my responsibility to pay for it, and she doesn’t want to be forced to make a hasty decision, and her safety is at risk, and blah blah blah. I said that we had agreed to do this and it would be best and easiest for all of us. She went ahead and sent them all emails that told them the full details of what’s wrong with the complex. The bedbugs, the horrible management, the dog, everything! Nobody is willing to move in now. I understand that they would have found out anyway, but since we don’t have bedbugs, etc. I feel she was doing it just to make things hard for me, and so that she can get an apartment that costs about $1200 with full rent and utilities for $450 since I’m paying the rest.

I need a way out, but I feel so trapped. Is there anything I can do? I’ve been told by everyone I’ve talked to that since I have a complaint in my file for “harassing” my neighbor,
…that there is essentially nothing I can do.

Ugh. There must be something! Help me please!!!

Administrator answers:

Nothing you state is a legal reason to get out of your lease.

Nancy asks…

Two Tenants, one Apartment, One lease. One evict the other?

If two tenants both rent the same apartment, and both names are on the lease, can one evict the other without their approval?
Example;
Four people sign one lease. Two want the other two out. Other two don’t want to leave. First two tries to force them to sign a document saying they ‘Intend to vacate’ when they have no intention. They pay all their bills, and haven’t broken any rules. What can they do/Do they have to leave?

Administrator answers:

All of the tenants are renting from the landlord, ONLY the landlord can file to evict. Only a judge can grant the eviction after it’s been filed. There has to be an actual violation for a eviction to be successful, and chances are the landlord isn’t going to play around with who’s who in how the violation came about, he’ll evict all of you.

Helen asks…

What’s the easiest way to get out of an apartment lease? I am in the military, would this help me?

I am in the Idaho Army National Guard, which is not active duty, so it would not fall under the military clause. Is there any way I can make my service in the National Guard fall under a military clause?
Are there any other ways I can get out of the lease easily?

for example: my roommates some weed regularly in the living room, or we have another person living in the house that isn’t on the lease (isn’t that against some sort of city codes?) My roommates also have a problem with paying bills on time such as power, gas, internet, tv, etc.

I don’t know if any of this would help me build a strong case, but since my roommates smoke weed, that endangers my enlistment in the military.

Any thoughts would be appreciated
Edit ****smoke weed*** instead of “some weed”

Administrator answers:

You have no case. Without military orders to move…you can not enact the “soldier’s relief act” as a means to break your lease.

As far as the weed smoking…you need to call the police. Your “aiding and abetting” if you fail to to so….thus endangering you military enlistment.

Either way…nothing you state is a legal reason to break your lease.

Linda asks…

Moving to an apartment before your lease starts.?

Say for example your lease ends July 31 a noon but your lease to a new apartment starts August 1st. We the have an opening of half a day.

The new apartment notified of early move-in date but has a charge per day. Is this required by any property managements. We had made moves before that did not require any charge at early dates.
My questions is does the property management requires a charge per day if your moving before the starting lease?

The lease for the old tenants of the new apartment we are moving-in have paid in full month for that apartment and are moving out early and so are we to this about to be vacated apartment.

Administrator answers:

They can charge you the daily prorated rent.

If the previous tenants have already paid for the entire month, they are due the proprated refund of their rent from the landlord. You are not entitled to the extra day(s) free or for the previous tenants to pay for the days that you will have possession of the apartment.

Essentially, the landlord will collect the prorated daily rent from you and in turn refund the prorated daily rent to the old tenants.

Mark asks…

is it okay to sublease for a higher amount than the original lease?

I was wondering if its okay/legal to sublease for more than the original lease? for example.. in a two/three room apartment.. I rent it out to two different people at 600 a piece, but my original lease was 1,000 for the whole apartment. And is there a contract needed for subleasing?

Administrator answers:

You need to look in your lease contract to see if it has a clause stating you can’t sub-lease.Some contracts state this. If it doesn’t then go ahead. You should draw up a lease for the new people for your own protection, and get a security deposit.

Robert asks…

Best time of year to lease an apartment?

My girlfriend and I are looking to move soon and want to get an apartment for awhile in order to put away some money rather than getting a house straight away. We are moving from a college town where most places schedule their prices and availabilities around the colleges semester schedule, so we are used to a lease beginning and or ending in May or August. Rent is cheaper in May because students are leaving and more expensive in August because students return.
When looking for apartments online each floor plan we look at doesn’t have just one price but rather a price range. For example a 1bd1ba will read $675-$915. Obviously we can infer that the price varies depending on the time of year but what we were wondering was what time of year is best to get the lowest price? We don’t want to lease an apartment in say August for one price only to find we could have leased the same apartment a month later and saved a couple hundred dollars a month on rent.
If someone out there works for an apartment complex or leasing agency and has a little knowledge they would like to share it would be greatly appreciated. Specifically we want to know what months of the year are prime for getting the lowest rate for an apartment lease.

Administrator answers:

I think the winter months are the best for renters. You probably will not get lower rent but you might get a month free or some other incentive. There is less traffic in the winter especially where it is cold. Of course in towns with very high occupancies there might be few people moving out as well. With so many people losing their homes, apartment places are filling up. I would suggest quit worrying about a few hundred dollars and move when it you find a good place and at a time makes the most sense to you.

Thomas asks…

Can rent for an apartment be prorated down to the hour?

Would like to know if a property wants to prorate rent for early entry. Is there a law that says it must be by the day or can a person prorate it down to the hour. For example. I would like to move into an apartment. The lease starts on May 1st, however I would like to move in on the last day of april at 6pm which is only six hours early. Would I be able to just pay for the six hours or must I pay for the entire day even thoughh I am not using the entire day?

Administrator answers:

Man, your landlord is a tight. Rent pro-ration is by the day and calculated at 30 days in the month, no matter how many days there really are. I would have just given you the keys, even if it were just a couple of days.

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