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Your Questions About Apartment Rental Agreement

June 5, 2013

Nancy asks…

Error on apartment lease agreement found, Can he get out of the agreement using this??

My son who has just turned 20 and has entered into an apartment rental agreement. (First Home) He was laid off (along with over 300 other employees) and can no longer afford to pay his rent. He cannot find any other work as of now and this months rent is due. He brought his lease to me and I read over it and found that the apartments had made an error on the agreement by having the incorrect date (typed in) for the expiration of the lease agreement. It states the agreement starts 12-23-07 and ends 6-30-06. (should be 6-30-08) Both parties did sign this lease and wrote in the correct date of 12-24-07 Is there anything he can do about this. He has told the manager that he would have to move and they stated he would be charged the stated amount in his lease. Also more than once the maitenance person entered into his apartment without notice(my son was in bed and he came into the room and woke him) What are his rights here? We are trying to avoid lawsuits and bad credit.
My son isn’t the one looking for ways out. He has been looking daily for a job and the work force has slowed to almost a stop here. I on the other hand have been trying to help him. What are you suppose to do when there is no place to work within 25-30 miles and Gas is so expensive?????? ALL Companies are closing plants in my area. NO WORK NOW WHAT?????

Administrator answers:

It is actually a common error, like misspelling a name, and does not invalidate the lease. The reason being is that both parties agreed to a contract that can not possible expire 6 months before it started. Whatever date both believed the date to be is the one used.

If he wants to avoid suits and bad credit he needs to pay his rent. The fact that he does not work does not justify him expecting his landlord to support him.

You need to teach your son to honor his agreements, not look for ways to take advantage of others.

Donald asks…

Is there such a thing as a 5 or 10 year apartment lease agreement?

We have a great landlord. He’s trying to sell the building though and so we’ve talked about signing a lease before actually selling so we’re protected from major changes for that time period after potential new owners take over. I’m not worried about a lease term that’s too long, as we have no intention of moving any time soon. Is there a maximum length? (I know I’ve heard of 100 year land leases- that’s obviously excessive). I want to know if a 5 or 10 year term has been done before for a simple apartment rental. Thanks.
See, I was reading on the residential tenancy act website (canada) and not seeing anything that indicated rent increases are allowed in a fixed term lease-if we’re locked in for a certain amount for say 5 years, the new landlord can’t raise the rent, just for the sake of raising it because he’s now taken over. The max they’d be allowed to increase after the lease runs out is 2% plus inflation rate anyway. If the new landlords decide to tear down the building (old), a longer lease term would not be a liability for us anyway, or if they do major renovations. That’s what I read anyway. But nothing anywhere about ‘maximum’ allowable lease term for apartments.

Administrator answers:

I have not seen it done, but it is certainly possible. Commercial leases are generally at least 5 years so you can start by looking at those. The only problem that I see is if the new owner is not as great as your current landlord. You will have to account for rental increases during the course of a long term lease.

David asks…

Terms and conditions of apartment rental leases?

I was wondering…

If you are in the last month of your apartment leasing agreement do you have to sign another leasing agreement in order to remain a tenant of that particular apartment, does the lease automatically rollover, or do you have the option to pay month-to-month after your 1 year lease is up?

Administrator answers:

Usually you would go month to month which means the rules of the lease stay in effect except the rent can be raised each month. You or the landlord can give 30 days notice to end the lease each month. These things vary by state and city.

Thomas asks…

Legal way to get out of a rental agreement when the apartment isn’t exactly what you were told it would be.?

I know a couple of kids that just rented the bottom half of a house. When they talked with the landlord, he told them several things about the house that, in actuality, weren’t true. And now, there are also safety issues involving the wiring. They contacted him once about wanting to get an electrician in to check the wiring but he told them that they weren’t allowed to do that. When they questioned him about the different things that he had told them regarding the apartment before, he changed his story. Do they have any avenue they can take to get out of this horrific situation?
Someone asked how they know that there are safety issues since they aren’t electricians….answer to that statement would be that when they plug something in, there are sparks and the wire gets hot immediately. Doesn’t sound too safe to me.

Administrator answers:

If they want out they will need to sue him for breach of contract, and of court prove it in court. What he tells them is not all that relevant, all that really counts is what is in the contract.

They can hire an electrician if they want to, they would need to pay for the service themselves though.

Chris asks…

Does my roommate have any authority if it is my name on the rental agreement?

When moving into my apartment, I signed a one year rental agreement. A friend I knew wanted to move in so I allowed it but he did not sign any agreement with the landlord. We are having major issues and he has had many complaints. I want to evict him or have him evicted. What can be done? Does he have any rights or equal rights as me even though he is not on the agreement?

Administrator answers:

The question remains do you have a written verbal agreement with the individual in where the person can stay as long as they pay their half, a verbal contract can tie things up a bit, unless the two of you in verbal agreement agreed to additional stipulations and your friend has broken any of these agreements.
If he is paying and you do have a verbal agreement and he is not in violation of anything then you may have a bit of a legal problem getting him to leave, this also is affected in the period of time that the individual lived there, the longer, the harder.

Joseph asks…

my first apartment i breached my rental agreement what do i do?

i had to leave my old residence unexpectedly an i had to find something asap so i did a pretty big rental community upon moving in i told them i had a pet and they said it would be a 600 sec deposit non refundable i said fine even though i tought it was very unreasonable i needed a place then i told them i had a very non agreesive pitbull not towards people or other animals not even birds or rabbits and that he is very small they said no i would have to get rid of him i was stuck so i said that i did just to move in he is trained house broken an he does not bark plus he goes to work with me overnite 9 to 10 hrs so people hardly see us from the hrs we keep this was for 7 mo. then just so happenly a new tenant was moving in with a little minature dog and at 3 am as we were going out the lady saw us and reported me she said that my dog would kill her dog all the other tenants,kids know him and rubs him now they posted a 10 day notice how long do i have to find us somethig before eviction
this dog means a lot to me we really need help so no sarcasism!!! only reasonable answers please
do they also have to go through the eviction process

Administrator answers:

Sorry…you said it. You breached the agreement, therefore it’s null and void. You must find somewhere else quickly. Bummer… :-(

Charles asks…

When tenants replace roommates how do you add them to the rental agreement?

I manage an apartment. It’s a month-to-month rental. Five people in an apartment. Two are moving out, and being replace by two new people.

I had the original tenants filled out a rental application with their SS number and such.

What should I have the new roommates fill out? Should they fill out another application? Should I make a new rental agreement and have everyone sign again? Or should I have these new roommates just sign a separate form?

Administrator answers:

The best bet is to have all current tenants sign a new agreement. This simultaneously relieves the previous tenants who have left of their responsibilities. You’ll be in a stronger position this way should problems arise in the future.

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