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I have been a multi-decade renter in many states, over-seas, and I can't believe what I have been seeing lately for private rentals. Sure, the corporate ones have print so fine, and confusing that I guess you expect it, but even for a lowly, kinda crappy private owner rental home you will receive a 10-12 page lease, that would not hurt to have an attorney review. It's chocked full of pages, and pages of legal statutes/penalties of what happens to the renter if they do xyx, but nothing about what happens to the landlord (LL) if they don't do xyz.
Also I find it really hypocritical that for an application, or even an initial phone call it's OK for them to ask about bank accounts/credit cards to include full account numbers, ask for my SS number, ask for earnings to include stubs/full tax returns, etc, but you will basically get an "EFF you", should you ask about the LL's financial health, is the home in probate, are you up on your mortgage for the home, etc.
Another favorite is me asking them for the lease, at/before the time of completing the application... Most will flat out refuse with a pissy attitude... Why??? You ask all kinds of very personal questions of me, show me the place, charge me an application fee, and fees for all kinds of things, but feel it's out of place to give me a sample lease for my consideration... Maybe I'd like to know before I waste *MY* time, and $$$ about your crazy, practically insane terms, such as these below from two leases I recently received:
EXTERMINATION OF PESTS
Landlord is responsible to eliminate any infestations of
insects, vermin, or other pests which may exist when
Tenant first takes possession of the Rental Unit, or which
are required by law. Tenant must report any pre-existing
infestations to Landlord in writing within the first five (5)
days of taking possession.
Tenant is responsible to provide all other exterminating
services required to eliminate any infestations of insects,
vermin, or other pests which occur in the Rental Unit
during this Lease.
So if a bee colony decides to fill a wall void, groundhogs burrow under the garage, or termites infest the home I gotta cover the cost??? No effin way, are these LL's crazy?
No flammable, explosive, hazardous or toxic chemicals or
substances are allowed in or around the Rental Unit.
I have to cut the grass with a gasoline mower stored in the garage... How exactly do I keep a can of gas around? How bout extremely flammable nail polish, paint, paint thinner, WD-40, cooking oil, rubbing *and* drinking alcohol (hey I like 151 rum), etc fall under this category... WTF, even my shaving cream can has an explosive warning icon? NICE CYA LL.
REPAIRS
Landlord is required to perform only the following repairs:
(1) roof, (2) foundation, (3) structure, or (4) repairs required
by law. Tenant must pay for all other repairs. Tenant will
immediately tell Landlord in writing if any such repairs
are needed.
Does structure cover the toilet, water heater, stove, dishwasher, etc??? Yeah, I know, ask. Just the same, kinda vague, and I need to look up state statute and code too?
INCREASES IN TAXES AND FEES
Tenant agrees to reimburse Landlord as additional rent,
for any fees, taxes, or other charges enacted, levied or
assessed against the Rental Unit by any agency, public
authority, business, or utility which did not exist at the start
of this Lease, or for any increase to such costs during this
Lease. Tenant agrees to pay the amount due within ten
(10) days of billing by Landlord.
So I sign a lease to control my costs, but if taxes go up during the lease period, I have to pay you... More crazy talk.
Appliances
All appliances will be maintained by the tenant
Repairs
Tenant is responsible for minor repairs under $75
So that crappy falling apart stove that is already broken, say needs a couple elements; I am to pay for it? God, what shameless conduct.
Look, I know being a LL is no picknic, and you folks run into some real gems, just the same I have NEVER seen terms like these In all of my years of renting homes until lately. My best LL's had leases that maybe took half, to a whole sheet of paper, and basically said pay me when It's due or I kick you out, don't harm my home, and I'll take care of normal wear and tear, and repairs that were not caused by abuse.
Yeah, this is a long post and thanks for hanging in there if you did. Perhaps it's a bit cathartic, and I can't believe I am the only one who feels as I do, and am generally frustrated with what clearly seems selfish, very one-sided conditions, that make rental home hunting that much more of a dreadful endeavor. Thanks.
Thanks Adjusterjack. It's funny, the one page lease and a handshake LL's I have had, understood it's a two-way street. They want nothing more than gold plated tenants like me to be happy and stay, and I want them to be cool, and do the right thing... Hell, I had one LL build me a shooting berm in the backyard! Another place I rented, I went in the crawl-space to open/close vents, thawed out pipes when he was gone for the event, and have repaired major appliances, if they supplied the parts.
I know I have saved them hundreds of $$$, and was glad to do it because they valued me, and didn't try any B.S. with the lease, after the lease was signed, etc. You are correct about the genesis of these leases, they all come from the Apartment Association of Northwestern (name your state). Even the applications have gotten crazy... Two full pages, wanting a LOT of very personal, easy to hack information, ridiculous fees, etc. Damn, why can't I find a decent home with a non-crazy lease, nor grumpy/snotty/rude LL???
OP, you don't have to sign the lease as is. You can amend, append, alter, initialing your changes, and sign. The ball is then in the LL's court; s/he can accept or reject.
When I wasn't renting to friends, I used a property management company, and never had any complaints. I don't think their lease docs went into the kind of obsessive detail you've run into. But also bear in mind that LL's DO run into some loony tunes. They have to idiot=proof the rental agreement. Though the example you cite hasn't done a very good job of that, even, as you point out.
You can also do an initial walk-through, and test all the drains, all the appliances, the shower heads and faucets, etc. Make sure everything works. Make a note of dripping water fixtures, stove/oven malfunctions, bathroom fans, everything. Add that to the contract. Or add a clause that says LL is responsible for maintaining functional plumbing (probably required by law anyway), appliances, ceiling fans and other climate control, electrical service within the home, windows and screens, etc. (Beat them at their own game! Add endless paragraphs or pages of your own. )
Those are all good suggestions Ruth, and I am very thorough about the walk-through, mentioning what I want to be repaired, and making sure I don't miss issues/faults/damage I'd be responsible for. Funny thing is around here, finding a rental home that is not on top of another, and remotely clean/not a dump is so rare to begin with, that folks will just sign without a care in the world. LL's know someone will take it, even a pile of crap in this very tight market. I really am shocked at the condition many of the homes I view are in, yet they have these crazy leases as if I were renting the Taj Mahal.
I'm going to look at a rental home tomorrow, and so far the process has been OK... I did request the LL send a sample lease with the application, but sure enough, only the application was sent. It's a 130 mile round trip, and if I hadn't other business to attend to in the area, I would not be looking at it without first seeing the lease.
As I mention, I know full well the horrors of bad tenants, having spoken to many LL's. It's one reason every time someone says I should invest in properties to rent, I all but faint. I'm early retired, and invest in nice dividend paying REIT's thank you very much. I could NEVER be a LL.
I'm in full agreement, and was trying hard to get back into home ownership, but I figured I might sit it out a bit longer, unless something I really want comes along.
I have been really let down and dissapointed by the low quality of so many of the realtors I have tried in the process, along with no supply I want to buy, and the crazy prices asked for garbage. Cash sitting in an account ready to pay full purchase price, and it seems I can't give it away. I have even been very strongly considering a move to the upper Midwest, as it seems the type of home I want (very small modest ranch/cabin/cottage) exist, where here in the rust belt what I want is rare, and if listed is gone within hours. Moving to a new area pretty much means I will have to rent, so I'm sure this new area is where I want to settle... Not to mention I have to make sure health insurance is doable in my new area... Whew, I need a vacation from all of this!
A contract is only as good as the people signing it.
All the pages and all the fine print in the world don't amount to a hill of beans when somebody breaches.
And judgments are no guarantees that anybody ever collects.
Jay, maybe it's time you bought your own home.
To be fair, one of the major benefits to renting is that you don't have to be responsible for much in the way of repairs or maintenance.
There is a poster here that constantly complains about the rental system, and consistently states "renting is where you pay a premium for temporary, impaired use of a property." Everyone (at least the capitalists/landlords of the board) rips on him for this, but he's right. He misses the latter half of the statement, though. It should go: "Renting is where you pay a premium for the temporary, impaired use of a property, in exchange for avoiding long term financial obligations and short term financial risks associated with home ownership."
HVAC goes out? Call the landlord, have him get it fixed. The roof blew off? Walk away from the lease without looking back (landlord can't do that with the Mortgage or the Tax Man.)
The financial health of the landlord isn't really my concern; my lease travels with the property. If he's too broke to fix it, I'll leave and let him struggle with a place he can't afford to repair and no rent coming in. In any case, there are plenty of financially solvent landlords out there that throw nickels around like manhole covers, avoiding spending money even when its so obviously needed.
Also, just because its in a contract you agree to, doesn't make it enforceable or legal. If it goes against state or local ll/tenant laws, it doesn't matter. Example: If state law says that a landlord must give 24 hr notice before entering a unit, the landlord can't write it into the lease that the tenant waives that right.
Similarly, there is a legal concept known as impracticability. That lease may reasonably expect a tenant to take care of sugar ants or drain flies, but removing a mammal or a bee colony is a different can of worms and I can't imagine a judge enforcing that.
The clause about "repairs required by law" seems silly. Why put it in the lease? Its perfectly reasonable for a landlord to say, "I'm not fixing the closet doors that you yanked off."
Unconscionability is another concept that comes to mind for some of these clauses, basically where gross one-sidedness in a contract nullifies it.
I'm in full agreement, and was trying hard to get back into home ownership, but I figured I might sit it out a bit longer, unless something I really want comes along.
There's an old saying:
You don't wait to buy real estate. You buy real estate and wait.
To be fair, one of the major benefits to renting is that you don't have to be responsible for much in the way of repairs or maintenance.
True.
Owning works for some.
Renting works for others.
Arguing which is better can be as much fun as arguing which is better:
Ford or Chevy.
Glock or 1911.
Ginger or Mary Ann.
For me it's:
Owning
Ford
1911
Mary Ann
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