The Rent
How much
is the monthly rent?
How many
people may rent and live in the apartment?
Are utilities (heat,
water, gas, electric, cable, garbage collection) included
in the rent? (If you will be responsible for utilities,
ask to see copies of the electric and water bills from the
prior year.) Ask if any utilities you must pay will
benefit other tenants. If so, this must be specifically
described in the rental agreement.
Where and when must
the rent be paid? If the rent is late, is there a late
fee? If so, how much is it?
The Rental
Application
Must
prospective tenants submit a rental application for a
lease?
Is a fee required
with the application? If so, what happens to the money?
(Some landlords charge an application fee to defray the
cost of screening tenants.) If you don’t rent the
apartment, will the fee be refunded?
Does the act of
submitting a rental application obligate you to sign a
lease?
What are your
obligations if your application is accepted?
Will you receive a
copy of the lease at the time of signing? In South
Dakota, the landlord is required to provide tenants with a
copy of the written rental agreement and all amendments to
it.
The Lease
How long is the lease
term? May you rent the apartment for less time (i.e., the
academic year or for a term)?
May each housemate
sign a separate lease and pay for his/her portion of the
rent with a separate check?
What happens if a
housemate leaves before the end of the lease period?
Will the other
housemates be responsible for that portion of the lease?
Is your
parent/guardian required to guarantee the lease?
If the landlord
promises any repair or improvement is that promise written
into the lease?
The Security
Deposit
How much
is the security deposit? When must it be paid?
When will it be
returned? May it be used as your last month’s rent? What
must you do to have it returned in full? Are they
returning the current tenant’s security deposit in full?
Which bank will hold
the security deposit?
Did they return the
previous tenants’ security deposit in full? If not, why?
Written Records
To protect yourself
in case of a dispute with your landlord, always keep
written evidence of all transactions with the landlord.
These records should include:
1.
Check or receipt for
the security deposit. Write on the check the kind of
deposit.
2.
Copy of the lease;
landlord should initial any changes agreed to.
3.
Lists of conditions
when you move in and out; landlord should sign these.
4.
Complaints to
landlord or housing inspector should be in writing; keep a
copy.
5.
Oral agreements
should be confirmed by sending the landlord a letter
stating the agreement and the date; keep a copy.
6.
All correspondence to
the landlord should be certified mail, return receipt
requested; keep a copy.
Subletting the
Apartment
May you
sublet/assign your lease (i.e., during the summer)?
Must the
landlord approve the sublessee/assignee?
Is there
a fee for subletting?
Right of Entry
How much notice will
you receive before someone enters the apartment to make
repairs or conduct an inspection?
If you don’t renew
your lease, will you have to let people in to see the
apartment? How much notice will you receive? What if it
is inconvenient?
Personal Injuries
on the Rental Property
The landlord is
liable for physical injuries to all persons legally on the
premises caused by condition under the landlord’s control
(i.e., common areas such as hallways, stairs, walkways or
laundry rooms) that are the landlord’s fault.
Generally, if the
landlord actually knows or should have known of the defect
which endangered, and causes injury to the life, health or
safety of the occupants or others legally there but failed
to keep it reasonably repaired, the landlord will be held
liable. A lease clause denying such liability is
unenforceable. This very complicated area requires the
consultation of an attorney.
Fire and Other
Unavoidable Accidents
If the tenant’s
“enjoyment of the premises is substantially impaired” by
fire or other accident, which is not the tenant’s fault,
the tenant may terminate the rental agreement and
immediately vacate the premises. A tenant may vacate part
of the premises “rendered unusable by the casualty” and
the rent must be proportionately reduced by the “fair
rental value” of that part of the premises. You should
terminate the rental agreement in writing sent by
certified mail, return receipt requested, keeping a copy
of the written notice for your records.
