Housing...Inside and Out

September 4, 1998
Lease Agreements - Part 1

Generally, all leases contain formal details such as:

  • A property description
  • Duration of the lease
  • Names of the landlord and tenant
  • Due date for rent
  • Amount of rent and any "late charges" associated with late payments of rent
  • Responsibilities for maintenance of the dwelling unit
  • Notice requirements when terminating a lease
  • The landlord's rules and regulations
  • Tenants' rights and responsibilities

Before You Sign a Lease

After you have read your lease, clause by clause, and you feel that you are clear about the provisions, tell your landlord about any changes you think are needed.

Things to Watch For:

  • Sublease provisions
  • Length of lease
  • Maintenance responsibilities
  • Rules and regulations
  • Security deposit
  • Are utilities included in rent payments
  • Laundry and recreational facilities

Unlawful Provisions

While the majority of landlords are fair, there may be some one who will take unfair advantage of a renter. Consequently, some leases may contain some provisions that are generally forbidden by law. The following are some examples:

  • A provision that forces you to agree to accept the blame in any future dispute with your landlord. Such a clause will usually stipulate that you will pay your landlord's legal fees in any court action taken against you. 
  • A provision permitting the landlord to exert unfair leverage on you, such as requesting and failing to return "security deposits" of "prepaid rent" under false pretenses or unproven evidence.
  • A provision permitting the landlord to assume possession of your personal property for lack of payment of rent.
  • A provision freeing the landlord from responsibility for negligence in causing you or your guests injury.
  • A provision permitting retaliation against you by evictions, shutting off the water, padlocking doors and turning off heat for such things as complaints to proper authorities about housing code violations, as trying to organize renter unions, and making "Do-It-Yourself" repairs.
  • A provision permitting the landlord to force you to continue to pay rent for a dwelling gutted by fire, tornado, or other disaster.
  • NOTE: Even though these unlawful clauses may not be binding, you may be forced to go to court to pursue your rights, and therefore it is a much better practice to try to strike illegal clauses before signing the lease agreement. A landlord who offers a lease containing illegal clauses and refuses to strike them when asked may not be the type of landlord from whom you wish to rent a unit.


Written by Dr. Francis Graham (Retired)

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