If you are contemplating a move to a new apartment, be sure
you know your rights and obligations before you sign a
lease.Whether you live in Chicago, New York, Boston, San
Francisco, or Peoria, Illinois, your perfect apartment is
the one in the right neighborhood, near the right highways
or train or bus lines for commuting, at the right rate, in
a secure building.
There are probably other apartment features you have on
your list. But, no matter what you are looking for in the
way of housing, the right apartment nearly always comes
with a lease.
When you think you’ve found the right apartment, you should
protect yourself by reviewing the lease before you sign it
and asking a few questions of your new landlord.
If your landlord does NOT ask you to sign an apartment
lease, you should ask why. Moving into an apartment
without a lease can cause problems, because your rights and
obligations are not defined and, in some states, your
landlord can throw you out of your apartment without
notice.
If you have an apartment lease in hand and you are ready to
sign, you should review these items before you put your
signature on the dotted line.
Each state has different laws regarding apartment rentals
and obligations. You can search online or call your State
offices to find out more information about landlord and
tenant rights and obligations for apartment rentals.
Don’t sign up for more than your State requires if you can
help it. If the landlord is using his own apartment lease
form instead of a standard form, read it carefully and
don’t hesitate to ask for changes if you feel the terms are
too restrictive.
While you may not be able to get changes for stipulations
like pets, or things that impact fire insurance or fire
laws, there are some things you CAN negotiate.
Here are a few other things to check on that dream
apartment. Some of them may be in the lease and some may
be services that are not outlined in the apartment lease
you will sign.
In any case, you should know about these lease conditions
upfront. If the terms and conditions of your apartment
lease are not to your liking and there are serious
concerns, you may have to rethink your dream apartment and
keep looking.
Security - How much security, if any, does your landlord
provide? If there is a parking garage, is there security
for that garage, 24 hours a day?
Elevators - If your apartment has an elevator system, how
often is it inspected? If there are problems with the
elevator, is there a number YOU and the other tenants can
call or should you call the super for the building? Is
there a guaranteed turnaround time for a service visit or
might you be walking up six flights of stairs for a week or
more?
Apartment Super - If your apartment building has a super,
is he/she resident in the building or does the super live
offsite? What days of the week and hours does he/she work,
and how do you reach him/her? What services does he provide
and what services are subcontracted to others, e.g.
plumbing, electrical, security systems, etc.
Pets - Are you allowed to have pets in your building? If
so, what kind? What happens if there are complaints about
you or some other tenant regarding a barking dog, odors,
etc.
Garbage and Incineration - What services and systems does
your landlord provide for garbage or incineration? Are
there garbage receptacle areas in the building, or do you
throw your garbage down into an incinerator? What type of
clean-up and sanitation is done on a regular basis to
ensure that the garbage does not attract rats or vermin?
Apartment Security Deposit - Typically, a landlord will ask
for payment upfront, equal to one or more months of rent to
hold for any repairs he may have to make if you leave the
apartment in disarray at the end of your lease. If you
must make a security deposit, find out whether your
landlord is holding this in escrow in accordance with law,
and when you can expect to get it back when you are ready
to move.
Apartment Vacancy and Sublease - Can you sublet your
apartment if you have to move out of your apartment for any
reason? What happens if you vacate the apartment and
continue to pay rent? Can you move back in or will the
landlord seize the apartment and cancel the lease with
penalties?
Changes to the Apartment - Can you hang pictures on the
walls, or change fixtures in your apartment?
You should also consider any specific requirements YOU have
and add those to the list of questions you want to ask your
landlord. For example, do you have a baby grand piano you
need to move into the apartment? If so, can you take out a
window to hoist the piano in from the street, through the
window frame? Do you raise ocelots? If so, find out if
you can do that in your new apartment before you sign the
lease.
Be sure you ask all of these questions and review the
apartment lease before you make a decision on an apartment.
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