U.S. CitiesCity-Data Forum Index
Covid-19 Information Page
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 04-16-2012, 09:23 AM
 
8 posts, read 15,329 times
Reputation: 10

Advertisements

I'm planning to sign a lease with the owner of a condo. Since this is my first rental with a private party vs. a leasing office at an apartment, I just wanted to make sure my bases are covered.

1. Lease stipulates that I have to cut 3 cashier's checks - one to the owner, one to the listing agent, and one to my agent. Is this normal? It's a minor nuisance in the grand scheme of things, but I'm kind of annoyed to be the one paying $30 in bank fees to get cashier's checks for everybody. Apparently personal checks aren't accepted in the LA rental market, so my agent tells me. Plus, I thought it was the buyer's responsibility to pay the brokers?

2. The listing agent mentioned that the property is changing ownership at some point. Apparently the owners are doing a short sale and there is a buyer lined up, but the bank still has to approve the transaction. My agent tells me this won't affect my lease term but I want to make sure I am legally covered.

3. How can I be sure the owner doesn't run away with my security deposit? What's my legal recourse should they either decide not to refund it for no good reason or fail to pass it onto the new owner? It's $2500 so a nontrivial amount that I wouldn't want to get screwed on.

4. There's a point in the lease that states that the tenant is responsible for maintaining appliances. Is this normal? I feel like with all of the leases I've signed in the past the landlord is responsible for keeping everything working as long as I'm not breaking things by misusing them.

5. When I submitted my offer, the listing stated that the rent includes electricity and basic cable. These were expressly excluded on the lease and the listing has been updated to remove those items as well. Are they allowed to do that? What options do I have except walking away?

Thanks in advance for any help/advice.
Rate this post positively Reply With Quote Quick reply to this message

 
Old 04-16-2012, 09:43 AM
 
912 posts, read 4,728,987 times
Reputation: 2032
Find a new place. This sounds like its going to be a source of never-ending problems.

As far as I know, if the property is sold, you should be fine for the remainder of your lease, unless; the new owner wants to live there. In which case I don't think the lease would hold.

But seriously.. unless this place is mind-blowing, I'd just find somewhere else to rent.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 04-16-2012, 10:08 AM
 
Location: Mostly in my head
19,864 posts, read 60,136,783 times
Reputation: 19257
If the new owner wants to live there, they have to give you 90 days' notice (in most states, in most cases). I would find another place, this one has too many issues. At the top of this forum is a stickie with links to state tenant/landlord laws. Read your state's.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 04-16-2012, 10:49 AM
 
8 posts, read 15,329 times
Reputation: 10
Unfortunately, this place is the best place I saw while I was there. I am relocating from out of state so I am working with a somewhat limited set of options unless I want to go on a limb and rent sight unseen.

I am going to require that the lease be changed to be fair before I sign. I'll pursue another option if that isn't possible.

1. Remove the point about tenant maintaining appliances. There is already default language in that paragraph about how the tenant shall properly use appliances and how the tenant will be charged for repairs/replacements outside of ordinary wear and tear, so this addition is unnecessary.

2. Change the lease to include electricity and basic cable as advertised. Electricity is itemized on the owner's HOA statements, so I would definitely be sketched about paying an arbitrary charge that isn't even in my name. I don't really care about basic cable since I don't watch TV, but that's $30 a month I should get back.

3. Add an addendum on the lease to clarify what happens with the security deposit and my lease term when ownership does change.

Also, it it typical for the owner to keep a set of keys and access fobs? The building includes 2 keys and 2 elevator access fobs for each unit and the lease stipulated that I am only getting one of each. I would like to have a backup set to give to a trusted friend or my parents in case I need them to take care of anything while I am not home, but I'm not sure if that's a reasonable expectation.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 04-16-2012, 10:55 AM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,214,057 times
Reputation: 26602
Quote:
Originally Posted by dkh330 View Post
Also, it it typical for the owner to keep a set of keys and access fobs? The building includes 2 keys and 2 elevator access fobs for each unit and the lease stipulated that I am only getting one of each. I would like to have a backup set to give to a trusted friend or my parents in case I need them to take care of anything while I am not home, but I'm not sure if that's a reasonable expectation.
Yes, the owner always has keys to the leased premises. In the event of an emergency if the tenant is not on site then obviously the LL needs accessibility. This is absolutely normal.

There is no reason for you not to have a second set of keys or even a third set. Upon quit most LLs have the locks re-keyed between tenants so it makes no difference to the LL how many sets of keys you have, only that he retains one working set.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 04-16-2012, 11:53 AM
 
8 posts, read 15,329 times
Reputation: 10
Quote:
Originally Posted by STT Resident View Post
Yes, the owner always has keys to the leased premises. In the event of an emergency if the tenant is not on site then obviously the LL needs accessibility. This is absolutely normal.

There is no reason for you not to have a second set of keys or even a third set. Upon quit most LLs have the locks re-keyed between tenants so it makes no difference to the LL how many sets of keys you have, only that he retains one working set.
The unit is actually in a condo building with a 24-hour doorman who has access to the units. Would it be reasonable to have the owner just rely on the doorman for access in case of an emergency?

I probably won't get too hung up on this point, but I would like to know what I'm entitled to. I don't mind making a backup key myself, but the elevator is also keyfob controlled so I would like to have both in case I misplace one temporarily.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 04-16-2012, 12:23 PM
 
912 posts, read 4,728,987 times
Reputation: 2032
Quote:
Originally Posted by dkh330 View Post
Would it be reasonable to have the owner just rely on the doorman for access in case of an emergency?
Yes, it would be completely unreasonable.

That would be like renting a car for the weekend, and not wanting the rental company to have a copy of the keys.

The owner is the owner, and they, more than anybody else, are entitled to have a copy of the keys. Luckily for tenants, the law is very clear as to when an owner/manager of the property may or may not enter.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 04-16-2012, 01:08 PM
 
8 posts, read 15,329 times
Reputation: 10
Quote:
Originally Posted by CarlitosBala View Post
Yes, it would be completely unreasonable.

That would be like renting a car for the weekend, and not wanting the rental company to have a copy of the keys.

The owner is the owner, and they, more than anybody else, are entitled to have a copy of the keys. Luckily for tenants, the law is very clear as to when an owner/manager of the property may or may not enter.
Thanks for the responses. I think that's fair.

I should be entitled to having both garage door openers for both parking spots, though, right? I can't imagine the owner needing that as well if they're not going to be parking there.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 04-16-2012, 01:27 PM
 
912 posts, read 4,728,987 times
Reputation: 2032
Quote:
Originally Posted by dkh330 View Post
Thanks for the responses. I think that's fair.

I should be entitled to having both garage door openers for both parking spots, though, right? I can't imagine the owner needing that as well if they're not going to be parking there.
Read that lease. Its entirely plausible that the garage is not included in the rental. In that case those would be off limits to you as well.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 04-16-2012, 01:30 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,214,057 times
Reputation: 26602
The doorman has access to the units? I'm not sure that would sit too well with me. I can understand an owner or a property manager having a set of keys but not a doorman. Who next, the local pizza delivery guy, the FedEx man? A doorman is a doorman.
Rate this post positively Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Similar Threads

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top