House Lease Form: Is this NORMAL? (Phoenix, Tucson: sale, apartment, leasing)

[BjornT]

Found a house to rent in Vistancia, was ready to sign the papers yesterday until I read them. The terms of the contract are REALLY one-sided, and include the following things that I found alarming:

1. We pay the first $75.00 of any repair that is not deemed Health & Safety related. This means that we pay ALL "non-essential" appliance repairs, including when the washer, dryer, dishwasher, etc. break down. So we're just supposed to trust that it's all in good condition?
2. If we break the lease, not only do we need to pay the rent until a new lessee is found, we are also required to pay $695.00 or 6% of the annual rent Leasing Commission Fee, whichever is greater. We're not planning on breaking the lease, but this just sounds like a money grab, no?
3. $200 "Administration Fee" - I thought the owner customarily paid all the broker fees?

Is this normal for the area? I've rented only two places in my life (usually I've bought), and usually the lease paperwork is only a couple of pages. The paperwork for this company is FIFTY pages long. Is this a Phoenix thing? An Arizona thing?

I mean, if this is what everyone has to put up with to rent a house in the area, I'll just grin and bear it. But I'm concerned that this might be a horrible property management company.

Thoughts?

[Potential_Landlord]

Don;t sign it before your have looked at other contracts / offers. Ouch.

[SageCats]

Arizona is a very pro-landlord state. Just be careful and look at other contracts.
Renting in AZ for me was much more unfair and complicated than in NJ. Like you, I only had a couple of pages to sign. Be lucky that you only have to pay until a new lessee is found. I had to pay the entire rest of my contract out when I broke my lease in AZ. I broke it when I closed on a home. I didn't read carefully enough and assumed I'd just have to pay 2 months rent or something. Boy was I WRONG.
Maybe consult with an attorney or something. Another option is to sign the lease for 6 months?

[BjornT]

Originally Posted by SageCats

Arizona is a very pro-landlord state. Just be careful and look at other contracts.
Renting in AZ for me was much more unfair and complicated than in NJ. Like you, I only had a couple of pages to sign. Be lucky that you only have to pay until a new lessee is found. I had to pay the entire rest of my contract out when I broke my lease in AZ. I broke it when I closed on a home. I didn't read carefully enough and assumed I'd just have to pay 2 months rent or something. Boy was I WRONG.
Maybe consult with an attorney or something. Another option is to sign the lease for 6 months?

Thanks. Funny thing is, I am an attorney lol ... just I haven't dealt with rental contracts before, and since I'm moving from out of state, I didn't want to get all upset about something if it's normal in the area. But seriously, the idea paying to fix someone else's out-of-warranty appliances offends me. The washer and dryer, especially, look like they were bought at a yard sale 20 years ago.

[SageCats]

Originally Posted by BjornT

Thanks. Funny thing is, I am an attorney lol ... just I haven't dealt with rental contracts before, and since I'm moving from out of state, I didn't want to get all upset about something if it's normal in the area. But seriously, the idea paying to fix someone else's out-of-warranty appliances offends me. The washer and dryer, especially, look like they were bought at a yard sale 20 years ago.

Wow, if the appliances look old and they are telling you that they'll only cover the first $75, then run. It is an offensive idea.
See if you can get a 6 month lease somewhere while you look for a house. It did not take me a long time to find a home in AZ and I had signed a 1 year lease. When I broke it, I had to pay $3000 plus my security deposit because my lease said that I had to pay out the rest of the lease even though they found a tenant in a month. It's pure greed on their part. I should have done a 6 month lease.
Maybe a corporate owned apartment might fit your needs for now. Their appliances are generally brand new and they will pay for any costs?

[lvoc]

Originally Posted by BjornT

Thanks. Funny thing is, I am an attorney lol ... just I haven't dealt with rental contracts before, and since I'm moving from out of state, I didn't want to get all upset about something if it's normal in the area. But seriously, the idea paying to fix someone else's out-of-warranty appliances offends me. The washer and dryer, especially, look like they were bought at a yard sale 20 years ago.

Pretty much standard. The issue is that the LL does not want to have to deal with it particular at 2AM. Property Managers may not go that way but individual LLs are trying to avoid pain. In Las Vegas we use a $100. And most have a warranty plan that cuts in at $75 or less.

If you think it too big a nuisance buy your own and shove the LLs stuff into the garage.

I would think a fee for lease busting is negotiable. LLs try and do lots of things but generally are limited by statute. You might check the AZ statute first. Likely find a good break down on some Rental/LL law site...and you can digest all that nonsense.

So it is reasonably normal. But don't hesitate to negotiate or maneuver.

[lvoc]

Originally Posted by SageCats

Wow, if the appliances look old and they are telling you that they'll only cover the first $75, then run. It is an offensive idea.
See if you can get a 6 month lease somewhere while you look for a house. It did not take me a long time to find a home in AZ and I had signed a 1 year lease. When I broke it, I had to pay $3000 plus my security deposit because my lease said that I had to pay out the rest of the lease even though they found a tenant in a month. It's pure greed on their part. I should have done a 6 month lease.
Maybe a corporate owned apartment might fit your needs for now. Their appliances are generally brand new and they will pay for any costs?

You might want to go back and check the AZ statutes. Virtually everywhere in the SW the owner can only collect revenue lost by you busting the lease. They might get some small fee as well but once someone else is paying the rent you are off the hook.

These are easy small claims cases if the law is the same as it is in CA and NV.

[JGMotorsport64]

Originally Posted by BjornT

Found a house to rent in Vistancia, was ready to sign the papers yesterday until I read them. The terms of the contract are REALLY one-sided, and include the following things that I found alarming:

1. We pay the first $75.00 of any repair that is not deemed Health & Safety related. This means that we pay ALL "non-essential" appliance repairs, including when the washer, dryer, dishwasher, etc. break down. So we're just supposed to trust that it's all in good condition?
2. If we break the lease, not only do we need to pay the rent until a new lessee is found, we are also required to pay $695.00 or 6% of the annual rent Leasing Commission Fee, whichever is greater. We're not planning on breaking the lease, but this just sounds like a money grab, no?
3. $200 "Administration Fee" - I thought the owner customarily paid all the broker fees?

Is this normal for the area? I've rented only two places in my life (usually I've bought), and usually the lease paperwork is only a couple of pages. The paperwork for this company is FIFTY pages long. Is this a Phoenix thing? An Arizona thing?

I mean, if this is what everyone has to put up with to rent a house in the area, I'll just grin and bear it. But I'm concerned that this might be a horrible property management company.

Thoughts?

Nothing technically wrong with this. This isn't too far from what I do except 3. I put fees into the rent. Admin fees are tacky.

Usually I set 50 per repair they cover the 50 I cover the rest if it's a repair that actually needs to be done. Since I rent mainly to college kids in Tucson I set high deposits.

I'd maybe look around a bit. This deal isn't out of bounds but it's pretty unfavorable to you.

[SageCats]

Originally Posted by lvoc

You might want to go back and check the AZ statutes. Virtually everywhere in the SW the owner can only collect revenue lost by you busting the lease. They might get some small fee as well but once someone else is paying the rent you are off the hook.

These are easy small claims cases if the law is the same as it is in CA and NV.

This was 5 years ago... also, my lease said that this was the case and I did sign it.
I guess I was kind of naive when I did that You live and you learn, I guess.

[pgc323]

Link to AZ Residential Landlord and Tenant Act. Good luck!