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But will these preprinted rental forms work for you? The answer is “yes”, if you know how to use them. Does racism threat justify lease breaking? Rent it Right by Janet Portman, Inman News
They claim that they hire a screening company, that they check “every legitimate source” of information on an applicant. We know they look on the Internet — when the manager gave us the keys, he complimented us on the photos on our family Facebook page! But the guy who moved in next door must not have been screened — his blog goes back years, filled with racist rants. As members of one of the races whom he hates, we feel very uncomfortable living near him, and would like to break our lease and move. Can we do so legally? –Bill and Janelle P. Rent it Right by Janet Portman, Inman News
A: Unfortunately, your renewal clause has been written very poorly. As anyone with any real estate experience will tell you, “market rates” is a somewhat subjective term. And that could doom your renewal right. Tips on setting rent, drawing up contract Q: Almost two years ago I bought a condominium unit in my area as an investment. My tenant has been pretty good about paying the rent and has not caused any problems. Her one-year lease is going to expire in less than two months and the weakened rental market has opened up a lot of vacancies in the area. As a relatively new landlord, I was hoping to see what you thought about my strategy for asking my tenant to renew her lease. I would let her renew at the current rental rate as long as she commits for at least 12 months. If she wants to go to a month-to-month rental agreement, I will concur but only if the rent is increased by $50 per month. If she renews the current lease, can I just prepare a simple addendum indicating that only the term has changed? Also, should I add a clause that states, “All prior conditions and disclosures are the same”? I am not quite sure about the best way to extend the lease as far as the paperwork. What do you suggest? Rent it Right by Janet Portman, Inman News Q: My aunt and uncle agreed to sign as guarantors when my wife and I signed our lease last year. When the lease ended, we stayed on, paying rent but without signing a new lease. After a few Subtenancy Rules Curb Unethical Profits
Rent it Right Q: I rent a three-bedroom house to my tenants, a couple. A while ago, they asked if they could sublet two of the bedrooms, and assured me that they would carefully choose the tenants. The If you are in the “move ‘em out, move ‘em in” phase right now, but don’t have a good way to track damages and deposits, here’s a free legal form that you don’t want to be without:Careful documentation helps you avoid disputes over security deposit deductions and track rental repairs while formalizing your security deposit agreement.
Other related forms are available, too, including rental lease, pet policy, mold and lead paint disclosures, and emergency gas shutoff instructions.
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See our related feature, Avoid This Devastating Move-In Mistake.
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Is Landlord Shooting Self in the Foot with Sloppy Language? Rent it Right
by Janet Portman, Inman News Q: We’ve been asked to sign a long lease that has a very odd clause in it. It says, “Landlord is not liable to tenant if anyone is not permitted or is refused entry into the building.” What do you think this is all about? –Abe B. A: Your landlord may be worrying about litigation if the doorman, manager, supervisor or anyone else with authority attempts to limit entry to people other than residents. But it’s an odd clause, and probably worthless, because attempts to limit one’s liability in advance have to be carefully, clearly and narrowly drawn; and they will not be enforced if they are against the law or public policy. This clause is anything but carefully worded — it attempts to absolve What could management be worried about? Perhaps it wants to limit guest stays, and wants the ability to refuse entry to someone who appears to have morphed from a guest to an unauthorized occupant. The way to handle this concern is to use a lease clause limiting guest stays, and to make it clear that overstaying the limit will result in a “cure or quit” notice delivered to the tenant. Longtime tenant fights policy absent from lease
Robert Griswold Q: I have been a tenant in the same apartment for nearly 12 years. Last month was the first time I couldn’t pay my rent on time because I was out of town longer than expected. I sent in my check as soon as I returned home, on the fifth, but my landlord now wants to charge me a $40 late fee.
I was surprised and I checked my lease. It says the rent is due in advance by the first of the month and there is no grace period. But there is also no mention of a late fee. I also noticed that the landlord didn’t even cash my check for more than three weeks after she received it. This doesn’t seem fair and I am thinking that she can’t arbitrarily demand a late fee without disclosing it to me in my lease. What is your opinion?
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