Read your lease

By Lisa Andersen

Wednesday, March 4, 2009

The pages can seem endless, and that’s not including the fine print.

Signing a lease on an apartment or house can provide a feeling of empowerment and independence. However, first-time renters should know the legalities of what they are about to sign.

“Having somebody that’s more experienced present is always helpful,” said attorney Terry Leibold, of Barber Emerson, L.C. law firm in Lawrence. “Whether it’s parents, older siblings or a lawyer, it’s important. First-time tenants don’t always read through a lease thoroughly, or they don’t understand what was there.”

A lease includes information and regulations such as pet clauses, guest policies, parking restrictions and special guidelines in areas such as lawn care.

1. Check the apartment or house before signing the lease and again before moving in. Legally, landlords must offer a walk-through of the apartment to catalog damages.

2. Read through the Kansas Residential Landlord and Tenant Act to be informed about your rights as a tenant before reading the lease. You can find the act at KS Housing Corp.

3. Be thorough and ask questions about anything and everything that is unclear.

4. Get the landlord’s contact information, including a cell phone number and an emergency contact number.

5. Find out the allotted time period in which you can void a lease without owing any fees.

6. If you plan to have a roommate, decide how the rent will be split up and paid.

7. Find out when the rent is due, if there is a grace period, and what late fees would cost.

8. If you have a pet, pay special attention to the “pet clause.” Many landlords impose restrictions on how many pets are allowed per resident, as well as the size of the pet.

9. Maintain a professional, friendly relationship with your landlord.

10. Determine how long guests can stay. Many complexes allow guests to stay only for a couple of weeks.

— Robert Baker, education coordinator for Housing and Credit Counseling, Inc.

“There are usually restrictions and limitations on things such as smoking and pet ownership,” said lawyer Ron Schneider, of Margaret Farley Law Offices in Lawrence. He recommended that students look at the Kansas Residential Landlord and Tenant Act, available at www.hcci-ks.org/LL-Ten Act 05.pdf.

He said he also strongly encouraged looking through a future apartment multiple times before signing the lease and moving in.

“If you don’t do a walk-through, you can get hit with damage fees,” Schneider said.

Most apartment leases generally last for a year, and Leibold strongly advised reading them thoroughly.

“I usually don’t read through everything that I sign,” said Ashley May, Topeka freshman and future apartment tenant. “But for this, I’m definitely going to.”

By keeping a copy of the lease after signing it, a tenant could easily find answers to stray questions, said Max Kautsch, of Kautsch Law LLC in Lawrence.

Leibold said it was important for renters to be aware of their rights.

“Once the student signs the lease, it’s a binding contract,” Leibold said. “The landlord is obligated to maintain the building in a good, safe condition.”

And if those rights aren’t being respected by the landlord, the non-compliance clause is an option to renters who want to terminate a lease early. In the event that a landlord cannot provide basic amenities, such as heat or electricity, renters can take the case to court in as few as 30 to 60 days after informing their landlords of the issue.

“If there is a problem, most good landlords want to know right away,” Schneider said. “I’m a landlord, and I once had a tenant wait a month to tell me about a leaky faucet. It caused terrible damage.”

If the unit is not properly equipped on move-in day, the failure to deliver clause is proper grounds for terminating a lease. a

A lease can also be terminated early if the renter is called for active military duty, passes away, or has an accident leading to a permanent loss of income.

Kelly Bradley, property manager of Legends Place, 4101 W. 24th Place, said that students sometimes attempt to leave a lease early because of school.

“The biggest problem is grades,” Bradley said. “School didn’t turn out the way the student had hoped for.”

Though a GPA disaster is not grounds for early lease termination, a natural disaster is. The casuality clause is applicable in the event of a natural disaster such as a flood or fire that causes the complex to be uninhabitable.

Ethan Rethman, Seneca freshman, plans to move out of his residence hall and get his first apartment with three friends his sophomore year.

“I’m not too concerned, at least not yet,” Rethman said.

Leasing an apartment is not only a matter of paperwork. Kautsch said the tenant-landlord relationship played a significant role in the leasing experience.

“Maintain as professional of a relationship with a landlord as possible,” Kaustsch said. “Ultimately, the lease relationship gets off on the right foot. It’s usually easier than a social relationship, because it’s defined by a lease.”

— — Edited by Sonya English

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