Making Sure You Aren't Taken Advantage Of By Your Landlord
If you are renting a property, you never know how honest your landlord is going to be
. To make sure you don't get taken advantage of, you need to make sure you carefully review your contract, and take certain precautions to ensure that your rights are being honored.
After all, landlord-tenant disputes are common and can become very emotional. Knowing the legal rights and obligations described below will help you avoid these types of disputes.
To begin with, you cannot be refused housing, steered to certain areas in an apartment complex, including proximity to or from an activity center or water recreational area because you have children. You cannot be questioned about marital status or number of children.
If your landlord has refused to rent to you because of your race, color, religion, national origin, handicap, or because you have children, then they are in violation of fair housing practices and federal law. If this is the case, consult a lawyer immediately.
You have the right to make a thorough inspection of the property before you sign the lease. If you are thinking about signing or renewing a lease or you are ready to move in, ask for a complete inspection and bring pen and paper and make lots of notes.
Before you sign an apartment lease, you should inspect the apartment to make sure it is in good condition. If you want certain repairs to be made before you move in, then do not give the landlord any money until he agrees in writing to make the repairs by a certain date.
If you want to move in even though the problems have not been fixed yet, then get an agreement in writing signed by the landlord which lists the repairs needed and gives a date when the repairs need to be done. This will ensure that you are going to be happy with the premises you are paying for.
Sign a move-in checklist. Even if you do a walk-through of the apartment and find no major problems, make sure that you and the landlord sign a move-in checklist that describes the condition of the unit.
If the landlord will not sign a checklist, then make your own checklist, sign and date it, mail it in, and keep a copy for yourself. If they refuses to fix the problems and later tries to charge you for causing these same damages to the unit, then your checklist will be good evidence that the damages were already there when you moved in.
Some examples of the type of damage to note on the list include dirty walls, stained carpets, dirty refrigerator, etc. You should sign a move-out checklist also so that you both agree as to what has been damaged while you lived there.
This is critically important. It is not uncommon for landlords or leasing companies to put in unfair collection practices and absorbent penalties.
Such items are usually found in the section under the payment of rent. Also look in the special provisions section as well.
Once you have signed the lease, it is a legally binding agreement and you will be held responsible for complying with the lease. If you want them to change anything in the lease, tell them before you sign, and check to make sure they do it.
After it is signed, any other changes must be put in writing and signed by you and the landlord. Before signing , you should tell the landlord you need to take the lease home with you to read it.
If they tell you that you must sign immediately or you will not get to rent the unit, then consider renting somewhere else. You should review it very carefully, and ask someone for assistance if you are having trouble understanding it.
Be sure to watch for any kind of blank spaces, or extra writing where things could be added. It is not uncommon for some landlords to leave blank spaces to insert extra writing after the lease is signed.
Watch for these and draw a line through them. This will protect you from falling trap to anything that can cause you legal grief down the line.
If you are smart and careful, you can be sure that you will not fall into a trap that will cause you financial woes. Review your lease today, and talk to a lawyer if necessary.
by: Jack Landry
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