What do you need to know when signing a lease?

When signing a lease, you should know the type of lease you're signing, the length of the term, and the responsibilities of both parties in fulfilling the lease, among other things. Leases are legally binding contracts usually prepared by a landlord, reviewed by the tenant, and signed by both parties before renting an apartment or other property. Failure of either party to satisfy the terms of the agreement can result in the eviction of the tenant or the release of the tenant from the terms of the lease.

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What is a rental or residential lease?

According to the Federal Deposit Insurance Corporation (FDIC), a lease is "a contract between a lessor (the property owner) and a lessee (the property user) for the use of property subject to stated terms and limitations for a specified period and at a specified payment."

Leases are designed to protect the renter and the landlord, and you should review the lease terms carefully before signing.

Lessor vs. lessee

In a lease, landlords are commonly referred to as lessors, while tenants are referred to as lessees.

What are the different types of lease agreements?

Before signing a lease, you should know what type of lease your landlord has prepared:

  • Month-to-month lease

    A month-to-month lease is a short-term agreement between a lessor and lessee. At the end of the month, a month-to-month lease can either be renewed, or if proper notice is given, terminated without penalty. These agreements give tenants flexibility, but less stability, as landlords can change terms from one month to the next.

  • Fixed-term lease

    Fixed-term leases vary in length but most commonly range from six months to a year. They offer more security for both tenants and landlords. Landlords are assured of filling a unit for a specific period of time, and tenants are assured of the same rent payment every month of the lease.

  • Rent-to-own lease

    A rent-to-own lease is a contract that allows a tenant to buy a property after renting for a specific period of time. This type of lease allows a tenant to save for a down payment or put part of their monthly rent payments toward a down payment. While this type of lease paves the way for homeownership, it's often more expensive than buying a home conventionally.

Is renting different than leasing?

The terms are often interchangeable, but renting might refer to a month-to-month contract, whereas a lease can refer to a longer-term contract. Check the terms of your lease or rental agreement to determine the length of your contract.

What you need before signing a lease

You may need the following before you sign your apartment lease:

  • Financial statements: The lessor typically requires that the lessee provide proof of employment or other financial statements that prove the lessee's ability to fulfill the leasing terms.
  • Cosigner: Lessors may require a cosigner for lessees with minimal or no rental or credit history. A cosigner is a third party that's responsible for the lease if the lessee is unable to make rent payments or otherwise fulfill the lease requirements.
  • Renters insurance: Landlords sometimes require that you get renters insurance before they'll sign a lease with you, even though states may not require renters insurance by law. Having a renters policy may cover you from losses or damages related to theft, vandalism, fire, or other covered perils.

What are the steps in signing a lease?

The process for signing a lease generally follows these steps:

  1. The landlord prepares the lease and presents it to the tenant for signing

  2. The tenant reads the lease carefully, noting any questions, discrepancies, or points of negotiation they may find in the lease

  3. The tenant and landlord negotiate and agree on the terms of the lease

  4. The landlord prepares a new lease with the updated terms

  5. The tenant signs the lease

  6. The landlord reviews the lease and signs the lease

How to read a lease

Many tenants are confused or overwhelmed on how to read a lease agreement. Understanding the most common clauses and policies included in a lease allows tenants to reach the most favorable terms. Most leases include details on the following:

  • Monthly rent amount

    The amount the tenant is required to pay each month in return for use of the property.

  • Lease term

    The length of the contract. It specifies how long you can live in the property given timely rent payments and adherence to property policies. Once a lease comes to the end of its term, a tenant is given the option to renew the lease, negotiate a new lease, or leave the property.

  • Payment due date

    The date when rent is collected every month. Rent is most often paid in advance and due on the first of the month. Some landlords allow tenants to negotiate this date or make multiple payments over the course of the month.

  • Accepted forms of payment

    The lessor-approved sources of payment from the lessee. Common forms of accepted payment include cash, direct deposit, check, debit card, credit card, and payment apps, but some forms come with fees. Accepted forms of payment vary widely from lease to lease, so it's important for both sides to communicate their preferences and come to an agreement.

  • Security deposit

    The amount of money owed to secure the lease. A security deposit is used by the landlord in the case the tenant fails to pay rent or damages the property. Tenants are entitled to the return of their deposit if terms of the lease are fulfilled. The lease will also dictate how quickly the security deposit must be returned, usually 30 or 60 days after the lease has ended.

  • Fees

    A list of charges or potential charges, including application fees and late-rent fees. These fees may be deducted from a tenant's security deposit.

  • Property policies

    Rules and guidelines specific to the lessor and the lessor's property. Many property policies can be negotiated if desired. Here are a few of the most common policies that are addressed in a lease and many property policies can be negotiated if desired.

    • Sublease: A separate agreement between the tenant and a separate tenant not specified in the original lease. Most leases prohibit these arrangements, but it must be explicitly stated in the original lease. Subleasing is a favorable practice for tenants who may move before the end of their lease term or are unable to make rent payments. Landlords generally frown upon subleases because they're often unable to vet the new tenant.
    • Pets: Rules and fees related to a tenant's pets. Some landlords don't allow pets on their property, but if they do, pet owners should expect to see language in the lease outlining fees, deposits, behavioral expectations, and even the size of their pets. A tenant can be evicted if they attempt to sneak a pet into the property.
    • Guests: Visitors to the property who are not included on the lease. Guests are rarely prohibited on a lease, but there are often limitations or restrictions. Tenants are usually liable for any damages made by a guest, and most leases will limit the length a guest can stay without being considered a tenant. Landlords may also limit the number of guests allowed on the property or in the unit.
    • Alterations: Approved and prohibited changes to the property, including structural or aesthetic changes. Most leases will detail the process of how tenants can get alterations approved and expectations for conditions at the end of the lease term.
  • Eviction

    A legal process that must be executed by the landlord to remove a tenant from a property. Tenants can be evicted for violating the terms of the lease. If you're being evicted, consult your state's eviction laws.

Final considerations when signing a lease

It's highly recommended that you only enter a written lease. The lease is a legally binding document that details the responsibilities of the landlord and the tenant. Without this documentation, both the landlord and tenant are left vulnerable.

The details of the lease should be carefully considered as it's unlikely you will be let out of a lease without penalty after signing. If you wish to break an apartment lease, some landlords will allow tenants to negotiate the terms of their exit.

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