Apartments for Cheap

Questions and Answers

Your Questions About Apartment Rental Agreement Contract

June 4, 2012

Joseph asks…

Rental contract for apartment in Georgia. Is there a three day grace period when you can change you mind?

My sister signed a lease agreement for a apartment in Georgia.
She now realizes that she can’t afford it. The real estate agent says that she will not only lose her deposit, but will also be responsible for the rent until someone else rents it.
Is there a three day grace period in which she can chance her mind?
Is there a state agency she can call?

Administrator answers:

Not unless it says so in the lease document.
State Agency – Georgia Dept. Of Community Affairs:

http://www.dca.state.ga.us/housing/RentalAssistance/index.asp

Federal:
http://www.hud.gov/

Sharon asks…

My Apartment lease contract just ended. Owner wants another 1 year contract and raise rent. is this legal?

My apartment rental agreement just ended. It was one year contract and the owner said if i want to stay, I would have to get another 1 year contract and raise the price. I wanted to stay month to month base. The question i have is, is this legal? Is it mandatory to sign another 1 year term? He is also raising the price. Is there certain amount they can raise? If this is unfair, i would like to move out to new apartment so please help me.

Administrator answers:

Since you want to move out then you should do that.

Yes, it is legal to raise the rent. How much depends on where you live, but usually whatever he wants.

It is also legal to require a lease, he does not have to go month to month if he does not want to. The same goes for you, you do NOT have to sign the lease, you can move out instead. Both of you have the option of ending the relationship if you can not agree on the terms.

Mary asks…

Over-charged on apartment rental contract?

Last August, 9 months ago, I signed a new lease agreement for the second year on my apartment. I noticed that the rent on the contract had increased by $30 per month, and had not received notice of the increase prior to that day.When I asked about the increase before signing the contract, I was blown off by the office personnel. This month, I found the letter that was sent to me last spring, stating that if I choose to renew in August, my rent would be $1105 (my current rent at that time). Do I have any recourse here? Or am I pretty much screwed because I signed the contract with the increased rent?

Administrator answers:

Your lease agreement stated the amount and no other notice needed to be given. You should have had the letter with you when you went to renew the lease and/or disputed at that time. By signing the lease you agreed to this amount. You should have act on the letter when you received it. The recourse you may have is if the letter stated that you must respond by a certain date and you did so. Even if you are within that time frame the presence of a signed lease may be considered voiding the offer.

Paul asks…

do i have to give my roommate 30 days notice if there was no rental agreement or contract involved? (in CA)?

My fiance and i rented a room out from a couple that owns a house. We never signed any type of rental agreement or contract. We have signed receipts every month from when we’ve payed rent. That is the only documents we exchange with eachother.

My fiance and i need to move. For several reasons. But we were only able to give them about 2 weeks notice. Now they are saying that they refuse to give us back our deposit because we didn’t give them a 30 days notice, and it is illegal what we are trying to do…

These people have always been friendly with us, never any problems, no fights or misunderstandings or anything.

I’m just a little shocked that they are being so agressive about the situation because of the situation my fiance and i are in. We are expecting our first child in september, and need to move to save money plus my mom is going to lose her apartment if we dont move in with her (she can’t afford it on her own).

Sorry i kind of spilled my whole life story…lol

Administrator answers:

If you have no lease, then the terms are month-to-month, and you can leave with one-day notice if you like. Your agreement is that you are renting one month at a time, with no other obligation, unless you signed an agreement.

If you leave in middle of the month, you can’t expect them to return the rent for the rest of the month. However, if you leave at the end of the month, you don’t owe them rent.

The deposit must be returned if you left no damage and everything was clean. You may have to go to small claims court to collect it.

The others here are talking about if you rent an entire apartment or house. Yes, then you have to give that much notice, or lose that much rent. There are all kinds of laws that apply to that type of situation, including discrimination.

But you are renting a room in the landlord’s home, and it is a different situation. Very few laws come to bear on that type of arrangement, and your landlord is out of line for threatening you in this manner. Your landlord also gave up a lot of rights simply by not using a contract.

I suggest you try reasoning with your landlord. Look, ppl are renting like crazy now, and I bet a quick ad on craigslist will line up some new tenants very quickly. It costs nothing to run a room for rent ad and show the landlord that people want that room. (And he can charge more!)

Richard asks…

Uniform rental lease contract?

I have just received a job offer about 70 miles away from my apartment. My lease is due next month. However, I have moved out of my apartment. Is there a uniform apartment rental lease agreement that says if you have a job 50 miles or more away from your residence you can move without paying your rent or penalties? My Landlord wants me to pay next month’s rent. What recourse do I have? My contract says if I move out before the lease expires I will pay 2mths rent and forfeit my deposit

Administrator answers:

Every state has different laws, but I have never heard of one that allows you to get out of the lease because you move out of the area. You can check on your state’s web site for regulations regarding rentals though!

You may be better off paying the one month left on the lease and getting your deposit back than losing 2 months and the deposit. There isn’t much you can do about it :(
:( sorry!

Good luck with the new job!

Thomas asks…

What should I write in the contract for rental agreement?

My boyfriend moved into a new place because his credit was not as good I agreed to be a coapplicant on the lease. I will not be moving in and I know he will pay the rent on time. I want to make sure I have it in writing that I am not responsible for all the bills and rent incurred at the apartment and he’s totally fine with signing it I just dont know what to put in the agreement. I want to make sure whatever it is will be substainable in court god forbid it ever has to go that far. What has my name on it is the lease and the cable.

Administrator answers:

There is absolutely NOTHING he can possibly sign that would absolve your of your legal liability.

You signed the lease, that’s it. Done deal. You are 100% liable.

You can also face some problems with fraud if you did not tell the landlord you would not be living there.

David asks…

What would happen if my landlord breaches her own rental agreement?

As of the end of the month i am moving out of my landlord’s apartment. In the agreement she stated that she: “May show new tenants the apartment, once notice is given.” If she doesnt give notice and barges in my apartment with new tenants, what could i legally do. Being that she breached her own contract.

Administrator answers:

That line means notice to move out, one of you has done that.

If she breaches her contract you can sue for breach of contract and be legally entitled to move, so it is a waste of time for you at this point.

Mandy asks…

Roommate breaking rental contract?

I have a rental agreement signed with 3 other housemates and I am pretty positive that one of them is going to break the contract by leaving at the end of the month. We’re on a lease until the end of June and we’re all responsible for this apartment, is there anything that I can do if he says he no longer is going to pay rent?

Administrator answers:

Yes there is something you can do. You cannot stop him from moving out however as a leaseholder he is still responsible for his portion of the rent but not to the landlord, to you and the other resident. The landlord has nothing to do with this and is entitled to the full rent from the remaining tenants. You can then sue buddy, buddy for his portion you had to pay. However if you find another person to rent his space you cannot sue him for time rented by another. You would also have to prove to the court that you have tried to mitigate your damages by trying to find another tenant or explain why you haven’t. Buddy buddy gives up his portion of the damage deposit as it goes with the suite and not the residents. Be careful as a lease holder even though he has moved out the locks cannot be changed to keep him out. Everything has to be done from a legal standpoint,

Lisa asks…

Rental contract help?

I have a rental agreement at an apartment until October. My wife lost her job three months ago and we now are out of money. is there a law or anything in Michigan that would allow me out of my lease?

Administrator answers:

If you or your wife are military you are in luck, but otherwise you are up a creek. Your best bet is to talk to the landlord to see what can be worked out.

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