What IS and IS NOT allowed in a lease? (apartments, renter)

[RobRiguez]

OK, so I know this is a public forum and whatever advice given cannot be construed as "Legal Advice"... and I know that in many cases, whether something is right or wrong means nothing once you agree to the terms.

So here goes...

I am regrettably no longer going to be a homeowner and am looking for a house/townhouse/duplex to rent. In my recent searches I've found some rather strange (to me) items in some of the proposed lease agreements I've been reading through which has made me wonder if some of these things are even legal.

1) Can a lease state that you (as a tenant) are not allowed to change the locks? I've read through various documents regarding tenancy and while they all seem to point out that a landlord may not enter without notice (unless there is an emergency) and you must provide entrance when given notice, there doesn't seem to be anything about whether changing the locks is allowed or not.

2) Can a landlord force you to sign a notice that you are aware there "may" be lead paint present and you disavow them of any liability?

3) Can rent be increased by $200/month, for the remainder of the lease, for a single late payment? Not simply a late payment fee.

4) Are landlords allowed to ignore the 5 business day late rule if they state in the lease that rent "MUST be paid by the 1st NO Exceptions!"

5) Can a landlord refuse to allow you to use your own appliances? I understand if the apt came with say a refrigerator, you must leave a working refrigerator of similar type/size/features/etc when you leave. I can also understand a landlord refusing to store the provided appliance. But can they flat out refuse to allow you to use your own?

6) When renting a house that comes with a basement, can the landlord state that the basement cannot be used for storage? (this just makes no sense to me)

If you have specific knowledge or experience with any of these items I'd love to hear your opinion/advice on the matter.

[joe moving]

All of these things would be spelled out in the agreement.

I am no legal expert either, so just my experience.

Lead is technically possibly present in all pre-1979 homes and they can make you sign some sort of acknowledgement.

I've never heard of a place where the tenant gets to use their own locks. The landlord has access and will retain access by having their own keys.

Very unlikely that monthly rent can be increased for a late payment. you get a late payment fee or interest.

If you are upgrading the fridge with a new one, they would probably allow it. If not, then probably not . Some may not want you messing with what is there and works.

you have to work this all out on an individual basis. there is no norm for a lot of these.

My last place came with no fridge. I bought a brand new nice one, and he wouldn't buy it from me for almost nothing at the end. But I also bought a crappy dishwasher and he bought it from me when I left, for example. He also had washer / dryer that were AS-IS, if they broke, it was my problem.

[manderly6]

The only item that seems maybe not OK is the rent increase. However I have heard of a clause in a lease that negates a rent discount with a late payment and the increase would actually be the removal of the discount to get it back to the non-discounted amount.

[RobRiguez]

Originally Posted by joe moving

If you are upgrading the fridge with a new one, they would probably allow it. If not, then probably not . Some may not want you messing with what is there and works.

In one townhouse they were providing an old rusty top loading washer and dryer as well as a top/bottom refrigerator. From my house, I have my own very nice LG Front Loaders and Large Frigidaire bottom freezer refrigerator. I was told I would not be allowed to use them. I MUST leave their old crappy ones in place.

Originally Posted by manderly6

The only item that seems maybe not OK is the rent increase. However I have heard of a clause in a lease that negates a rent discount with a late payment and the increase would actually be the removal of the discount to get it back to the non-discounted amount.

Yes, this was the language used.

I had 5 apartments before buying my house and never once was there anything like this in any of the leases I ever saw.

Oh, received another one by email today! Went something like tenant has to maintain renters insurance to the amount of $350k with the landlord on the ins policy and if not, tenant will pay $30/day until ins is established. Further down on the lease, tenant to pay all utilities, copies of bills to be provided by landlord. ??? I almost understand about the insurance but there is no way im not putting the utilities in my name.

Maybe because Ive only ever lived in multi unit Apt Buildings but some of these things just seem ridiculous to me. I know they want to protect their property but wth??

[manderly6]

The short answer is if you don't like the lease terms find another place. Plenty of places to rent.

[sonofagunk]

I see nothing wrong with the original ones (not so sure about the renters insurance. Is the renters insurance for damages to the apartment for things that were not the tenents fault or for liability?)

As for the rent, I think you can put anything you want for the price as long as it is not based on something illegal like race. Would you feel better if they said that your rent is really X+200, but you get a 200 dollar discount while you are not "bad" and if you become "bad" by missing a payment you lose your discount?

[Retriever]

Originally Posted by manderly6

The short answer is if you don't like the lease terms find another place. Plenty of places to rent.

My understanding is that there are excess rental units on the market currently, so that you should not have to settle for lease terms that are extremely restrictive.
Personally, I would not sign a lease with terms such as those mentioned by the OP, and I suggest that he look for a different rental.

[CSD610]

Originally Posted by RobRiguez

In one townhouse they were providing an old rusty top loading washer and dryer as well as a top/bottom refrigerator. From my house, I have my own very nice LG Front Loaders and Large Frigidaire bottom freezer refrigerator. I was told I would not be allowed to use them. I MUST leave their old crappy ones in place.



Yes, this was the language used.

I had 5 apartments before buying my house and never once was there anything like this in any of the leases I ever saw.

Oh, received another one by email today! Went something like tenant has to maintain renters insurance to the amount of $350k with the landlord on the ins policy and if not, tenant will pay $30/day until ins is established. Further down on the lease, tenant to pay all utilities, copies of bills to be provided by landlord. ??? I almost understand about the insurance but there is no way im not putting the utilities in my name.

Maybe because Ive only ever lived in multi unit Apt Buildings but some of these things just seem ridiculous to me. I know they want to protect their property but wth??

I have always had renters insurance but it ONLY covers MY ITEMS and the landlord is NOT on the insurance policy, that guy wants your insurance to cover his loss if the place happens to burn down and he does NOT want to get his own insurance, what a joke. I am not responsbile for homeowners insurance on a home I do not own and I have the renters policy just to protect myself and be able to replace items that may be lost in a fire or other catastrophe IF they are items that can actually be replaced and not sentimental items that obviously cannot be replaced.

[johnp292]

A renter can't get insurance that covers the dwelling since he has no insurable interest in the property. A renters policy covers the renters possessions and provides liability insurance. Landlords sometimes require this for the liability protection. Im actually not sure if its even possible to have the landlord named on the policy. I dont think I'd agree to that.

[johnp292]

Actually thinking about this even more I would certainly not agree to naming the landlord on the policy. Consider what would happen if, for example, the home was burglarized and the renter filed a claim. The check would be issued jointly to the tenant and the landlord. Who needs that hassle?