Apartments for Cheap

Questions and Answers

Your Questions About Apartment Rental Agreement Contract

September 25, 2012

Linda asks…

Is this a Breach of contract on a rental agreement?

My fiance moved me into an apartment two months ago. Because I am unable to work and am applying for disability he is my co-signer. Becuase I have no income this was terrifiing for me however before I moved in he agreed to pay my bills. We agreed on him giving me $1,000 a month for my bills. Now, about a week before my rent is due he has broken up with me and informed me he will no longer pay any of my bills. Since he agreed verbally to the $1,000 a month and on the lease it is shown clearly he is the one with the income is there anything I can do?

Administrator answers:

As a co-signer on the lease, if you don’t have the money, the property owner can come after him for the rent, when it isn’t paid.

The most likely scenario is that when the middle of the month comes up, and the rent still hasn’t been paid, you’ll receive an eviction notice. As the cosigner, the property owner(s) can go after him for rent on the property for however long it takes for them to rent it out again, up to the end of the lease.

Unfortunately, I don’t think there’s anyway that you can use the lease to continue to live there and force him pay the rent, if that’s what you’re asking.

Carol asks…

How can I legally brake an apartment rental lease in the state of TN?

My cousing signed a yr lease in an apartment complex in the state of Tennessee. Six months later he lost his job and found another in another state. Is there any state law that protects the tenant despite contract agreement which states that he must pay penalty for braking contract, two month rental plus and extra month rental because when he moved in the was a special for moving in.
Please, help if familirized with TN law. Thank you kindly!
I understand. The question is: under “which circunstances” the tenant is protected by the law in braking the lease? In the state of TN.

Administrator answers:

He cannot break the lease without paying the penalties outlined in the lease. No state allows you to terminate a contract for losing a job and/or moving out of state.

Maria asks…

Does an eviction cancel all obligations established by a written rental agreement?

Although the rental agreement allows me to rescind the “privilege” of paying the annual rent on a monthly basis in case of default, most judges will not award blance of year’s rent attached to eviction.
AND once evicted the deadbeat tenant has no more oblication even though the landlord has to spend a lot of work and money to re-rent the apartment. If no takers for several months, the landlord is out the rent that there had been a contract to pay.

How’s that fair to the landlord?

Administrator answers:

I’m sort of mixed on this question. While yes you could sue and probably win, but chances are you will never collect that money.

You ask how is it fair to the landlord? My question to you is how fair is it to the ex-tenant? Your wanting someone to pay you rent for time they are not actually living in the house, a house in which you kicked them out of, I’m sorry but really that sort of thought process disgusts me.

Here’s the thing, as a landlord you are a business man, and im sorry but guess what? No one in life is going to guarantee you an income, the fact that it is taking you time to find a new renter is all part of being a landlord and that is all part of being in the business that you are in. Just as evictions are part of it.

Think about it this way, after the contract ended, you would still be looking for a tenant and spending the time and money re-renting the apartment. Which in all actuallity is laughable. It costs you actually what $40 a week to advertise, and your time spent was taking 5 mins to call up a newspaper. Then maybe driving a few miles to meet with perspective tenants? Not really a whole lot of costs for you to be complaining about, it’s all part of the business and all part of what you knew you would be in for when you first rented the house.

Or are you talking about the mortgage payment? Hmm maybe it was bad business borrowing money to make money in your case, since there is no guaranteed income in that business.

Landlords annoy me.

Steven asks…

Is switching names in a contract half-way through still mean it’s talking about you?

I’m going over a rental agreement for a apartment I’m about to rent and some of the terms they use seems kind of odd. In the very first part of the agreement they say *MY NAME* (hereinafter “Resident(s)”). Then throughout the whole contract it says residents. Well then in certain sections like the “PET” paragraph and the “Breaking the Lease” paragraph it talks about the tenant. So would I still be legally bound by all this stuff if I’m only the resident and not the tenant?

Administrator answers:

Yes you are the TENANT, and you are a RESIDENT. When it says “hereinafter Resident(s)” it is referring to YOU as the tenant, and any children that may be living with you, or anyone else that lives in your home. The reason it goes back to TENANT is because children cant sign leases. Its ultimately your responsibility financially to do everything it says to do in the lease, and make sure that any children or anyone else living with you, is also responsible to obey the rules, or you will be responsible for them not doing so.

Mandy asks…

End month to month rental agreement for non payment?

Do I still have to give 30 day notice to tenant when ending a month to month lease if they have not paid rent for 2 months? The apartment is in Arizona. It seems they have already broken the contract.

Administrator answers:

Yes, you must still give notice.

You could post a 3 or 5 day notice to pay or quit, then take them to court for eviction if they do neither, but this will take a lot more time, effort, and money than just giving notice now.

If they do not leave before the 30 days is up, then this is the process you will have to follow to get them out. Hopefully, they will just leave, and you can decide whether or not it is worth it to sue for the backrent owed.

David asks…

Apartment lease contract verbage?

Can someone please explain this to me? This is part of a lease contract in an apartment:

Agent for Owner and Resident acknowledge that no portion of the rent paid by the Resident under this Agreement will be applied to the Agent for Owner’s/Owner’s structural fire insurance and that the Resident is in no way a co-insured under any such policy, and that, in order to reduce the cost of insurance, the Agent for Owner/Owner has chosen to purchase fire and extended coverage insurance for the property for which the above rental agreement applies, with a deductible in the amount of $100,000.00. If Resident or any member of Resident’s household, guest or invitee causes damages to the premises in an amount that is less than the amount of this insurance deductible, Resident agrees to indemnify and reimburse the AGENT FOR OWNER for the amount of such damages, and that Resident may be liable for costs in excess of the deductible under any subrogation clause of the said policy.
I’m an insurance agent and one of my clients sent this to me and i’m just wondering if I should offer him Umbrella insurance. I just wanted to be sure, that’s all. I’m not personally moving into this apartment.
I’m an insurance agent and one of my clients sent this to me and i’m just wondering if I should offer him Umbrella insurance. I just wanted to be sure, that’s all. I’m not personally moving into this apartment.

Administrator answers:

I hope you haven’t signed the lease yet. It’s highly unusual for tenant to be financially responsible for damage or loss of the structure. It sounds like the owner is trying to minimize his/her premium. I would urge you to find another apartment.

Realtor.sailor

Mark asks…

rental agreement?

Our apartment requires that our rental agreement is notarized. When we renewed our lease they forgot to notarize the new contract. Now we want to break the lease……will them not notarizing it be a loop hole for us not having to pay a break lease fee????

Administrator answers:

Possibly but do not get your hopes up about it. I would contact your local housing athority to find out for sure or call a real estate attorney for more information 9 times out of 10 they will give you a free consaltation if you need one. Check online for your local rental laws as well! That is how we found out our lease was not even legal to begin with, and if it specifically says that it has to be notarized in your lease then most likely it is not binding if they did not own up to that part of their own contract, however I am not an attorney so I cannot tell you for sure. Good luck and have a great day!

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