Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Hi guys, Thank you for staying with me and your advice.
I have rented before but for some reason this time feel uncomfortable with what's going on.
I have met with the property meager and gave him a check for 1.5 security deposit. He gave a lase agreement and told me to take it home and read it carefully which I did and I have issues with it.
My Issues I believe to be reasonable:
1. There is a passage where it says
Quote:
"The Landlord is not responsible if the landlord can not give possession of the apartment. If the land lord can not possession with in 30 days after starting date teh tenant may cancel the lease, as it's only remedy against the Landlord. "
If the landlord can not give possession on the starting date this agreement is void.
2.
Quote:
No air-conditioner may be installed or operated in the apartment or in any apartment window without landlords prior written consent
I intend to install an air-conditioner in every room.
3. No fish tank in "the apartment". I was told that it's ok to have a fish tank verbally before hand.
4.
Quote:
No smoking on the premiss
There is a balcony and I have always since day maintained that Interested in the apartment because I am a smoker and there is a balcony I can smoke on. If i can not smoke on the balcony I am not interested in the apartment.
What do you think, am I nuts or I have real grounds to put a stop payment on that check ?
I think you are fine UNLESS one of your neighbos has a problem. Seems that the management service just put a bunch of safe guards in there, and probably will not enforce them, UNLESS someone else causes a stink.
As for the air conditioners, look and see if others have one's installed. I had a lease that said "no cats" but everyone in the building had one, I think they just had it there in case your cat was causing issues
I have just reserved a voice-message from the property manager at 7:45 am on Monday morning. "I will not be renting you the apartment". "I will mail you back the check".
I mean really, did he wanted to deposit my security deposit before we agree and sign the lease agreement that states that I am not allowed air-conditioning and need to travel outside the city limits to smoke a cigarette ?
I am going to file this one under "natzi landlord" landlord vertion of the sup natzi .
I have been worried about fraud all through out, what concerned me is that the property manger has no internet presence, office, or anything traceable and transparent short of a P.O. Box
Try to see things from both sides. If you have vibes that the property manager is a "nazi landlord", he may also be getting the impression that you are going to be a difficult tenant and that's why he is returning your deposit.
I saw your previous post on trying to use security deposit as last month's rent. If you are pushing that, as well as your repeating concerns about fish tank, A/C, etc. to me, I would not work with you any longer on a lease because NJ is a very tenant friendly state and the last thing I want is an "activist" tenant with a lot of free time who wants to take me to small claims court for every thing he feels I have wronged him on.
A difficult tenant isn't nec. someone who doesn't pay rent on time, etc. I think the model tenant for most landlords is someone who sends the check every month and does small/cheap adjustments or repairs on their own instead of calling the landlord every other week. If a big problem starts to appear, let the landlord know ASAP so he can take care of the property, but otherwise, let both parties just chill out and lay back.
For what it's worth, I have never taken any-one to court and defiantly not an activist. More like a pacifist that wants to be left to his own devises. I am an engineer by trade and systems make allot more scenese to me then people.
A question on how to treat a security deposit is just that a question. When I was living in Brooklyn I was told it was customary to withhold last month rent as getting back the security deposit.
AC is a concern, if I am looking at lease that say that I am not allowed to air-condition my apartment....
Let the lawyers worry about laws, I am a friendly guy and i like to be in a friendly environment. The lease that I sign is an agreement. So if I sign no air-conditioner. That means I no air-conditioner... so how am I supposed to winter the hot summer months without AC? Am I supposed to install one any-way and then tell the land lord to take me to court if he has an issue with it, or is it better raise this issue now during lease sinning?
Actually the lease says that I can not make any modifications or minor repairs to the apartment. It actually says that I am not allowed to hang pictures on the walls, put up screen doors etc...
I am not difficult, rather easy going... The apartment would have worked for me and there would not bee any major problems with me, but the level of BS restrictions they are laying on me is not...
So can you explain to me again, the story with me not being able to install an air-conditioner or two? I could have said I expect the apartment to have at least one air-conditioner provided by the landlord, and I would have been right.
Fish tank ? I was verbally told no pets but fish tank is ok, and then the lease agreement says no fish tank... that is just confusing... Fish tanks are extremely hard to move because inside a fish tank there is it's own Eco-system. In the past I lived in an apartment and avoided moving to better place just because it's really hard to move a fish tank. After the hurricane Ktrina, there was no electricity and most of my fish died, so I would rather not have a fish tank. just don't know what to do with the remaining 4 fish... But that's besides the point... I am told verbally that Fish tank is ok and 5 minutes later given a paper to sign that says no fish tank... So what, not I am bad guy for asking about this again?
The first thing I say when I first see the apartment that I like the fact that there is a balcony, because a balcony is something I can smoke on while I don't smoke indoors. All you have to say now is there no smoking on the premises, but you give me an application to fill-out and then ask for a security deposit instead.
I have heard that NJ laws favor tenants, but don't have any first hand experience. I abide by the lease agreement. So if I sign a lease agreement that is the contract for us both to abide by. Therefore I am not going to sigh a lease agreement that I know in advance I am going to brake by installing an air-conditioner.
Also if you can not give me possession of the apartment on the date in the lease agreement then how is it you are not responsible? maybe you want to pay rent for that as well? if your not responsible, then I am responsible? correct? well some- has to be responsible
Many leases say no fish tanks because of the damage they can do if they should break/leak to the property. If you had a 10 gallon tank, no one would most likely care but I've seen some 80 gallon + tanks and that would be a no-no (the weight of the tank could also be an issue on an upstairs apartment). If it's a non-smoking complex it depends on the rules of the property. Some places are no smoking inside the apartment, some are no smoking on the grounds. I am a smoker with a balcony because I, like you, do not smoke in the apartment nor am I a heavy smoker but when I was looking for apartments any that said no smoking I wrote off right away. If people are renting there chances are they are a majority of non-smokers and would complain if you lit up on the balcony and the smoke went into their windows/on their balcony and I wouldn't blame them. I try very hard to blow my smoke as far away from my building to avoid that. I am a courteous smoker and completely understand someone not wanting to inhale or smell my second hand smoke even if it's allowed.
It sounds like this would not have worked for you so I think it's a good thing the landlord called it off.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
.
