Apartments for Cheap

Questions and Answers

Your Questions About Apartment Rental Agreement

October 8, 2012

Susan asks…

Is it true that if you buy a house, your apartment rental agreement could be broken? ?

Someone told me this is a law but I can’t find anything on it…please if anyone knows anything or can find me a link to a legit website regarding this. It would be great!

Administrator answers:

Wishful thinking. You have a lease, you are expected to honor it.

Sharon asks…

I broke an apartment rental agreement in Houston in 2004.. Am I elgible to rent an apartment now?

I had to move due to work and the complex initially agreed to break the lease, then afterwards, demanded that I pay the remaining amount on the lease – even after they’d rented the unit to someone else.

Administrator answers:

It depends, if there was a judgment it will stay on your record until 2014.

Linda asks…

In the State of NJ how many days are you allowed to back out of a apartment rental agreement by law?

Administrator answers:

No. There is no law or “cooling off period” for cancelling apartment leases.

Carol asks…

If two names are on a rental apartment lease agreement, does one name have the opportunity to leave?

Three months in to the agreement but I was being beaten up by my partner and now I want to leave. I know I should talk to my landlord but just so that I can actually fall asleep tonight, is there any way that I can remove my name successfully and terminate all obligation to the apartment?

Administrator answers:

You can report this to landlord, and ask landlord to remove your name from the lease. It is also important to report this to the police. You should get restraining order. Plus, you need to go on record that you are vacating apartment because you are being beaten. That way the partner will not have recourse to go after you for any of the rent.

Maria asks…

apartment rental agreement?

Where can I get a free copy or example of an apartment rental agreement form? Is there a good web site?

Administrator answers:

So many people get involved in property management that don’t seem to have a clue about the pitfalls that are possible.

I suggest going to www.amazon.com and typing “landlording” in the search window. The last time I did that I got 200 hits. You can look at the reviews and then go to your library and see which ones they have.

For the protection of both parties there should ALWAYS be a Move-In/Move-Out Inspection Report done at both ends of the rental period.

Here is one to use as a guide: http://www.ilrg.com/forms/rental-checkli… Customize it to your property, but the tenant can note all the less-than-perfect conditions at move-in so they won’t be responsible when they move out. And both sign it and keep copies.

It doesn’t obligate the landlord to repair everything on it, but it does document the tenant isn’t responsible. If nothing is noted the condition is assumed to be ‘acceptable’ to both parties.

A landlord that dilligently follows the law and the lease benefits both himself and his tenants. Just doing it by the seat of your pants using only logic and a kind heart (some might say a soft head) can easily run afoul of the law, which is often illogical, but enforcable.

One possible problem is late rent. For someone who is late with their rent it is best to get ahead of the problem immediately. You can always back off later, but you have to show strength from the start.

The day after your grace period (if you have one) you should issue A Three Day Notice to Pay or Quit. After 3 days you issue a Thirty Day Notice to Vacate and go to the coutrhouse to find out how to take the tenant to court and file the paperwork as soon as allowed.

At any time during this process you can rescind the case if the tenant catches-up, including the court costs. I have found that many tenants are so shocked that you’d actually do this that many are never late again.

Another is how they are keeping up the house. An interesting technique to make periodic, very cursory glance-inspections is for the landlord to take responsibility for changing the smoke detector batteries twice a year (at clock time change) and also change the furnace-a/c filters. That’s at least three inspections per year. If anything of concern is noticed it can be the basis of a full-blown inspection.

William asks…

Is an apartment rental agreement legal and binding without signatures?

Administrator answers:

Verbal agreements are legally binding. You can have a judgement agaisnt you for rent reguardless of wheather or not you have a lease because any reasonable person understands how renting works. But no the letter of a lease is not valid unless you’ve put your name on it. There’s no other way to prove you ever saw it.

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