Housing | Lease Information

Lease Information

I. Types of Tenancy

There are two basic types of tenancy: tenancy for a specified period of time and a tenancy-at-will.

A. Leases

A lease is a written agreement between a landowner and a tenant that allows the tenant to reside in an apartment at a set rent and under certain conditions for a specified period of time. A lease is legally binding for both the tenant and the landowner. Although most leases are for a period of one year, the term of the agreement can vary. Some leases are self-renewing so if there is no notice given by either the landowner or the tenant by a certain date (which is specified in the lease), the agreement is automatically renewed for another year.

B. Tenancy-At-Will

A tenant-at-will occupies a unit on a month-to-month basis, with or without a written agreement. Termination of tenancy may be undertaken by the landowner or the tenant without reason, at any time. To terminate tenancy, written notice must be given thirty days or one full rental period in advance, whichever is longer. Note that rent is fixed with a lease but can be increased with 30 days or one full rent period notice under a tenancy-at-will.

II. The Lease

READ YOUR LEASE! If there is anything you do not understand or if you find clauses confusing, ask questions. The staff at the Off-Campus Housing Office will be happy to look over your lease for you. Most landowners use a standard Rental Housing Association (RHA) Lease though many write in special provisions. Make sure these provisions are clear. If there are any clauses you do not agree to, ask the landowner to delete that section and both of you should initial the change. Any agreed additions to the lease chould be written in and initialed by both parties. Put everything in writing as verbal agreements have been consistently unenforceable in landlord/tenant law.

Important considerations when looking over a lease include:

Renewal terms, vacancy notice and subletting rules.
Pets--permissable or not?
Who pays for electricity, gas, oil and hot water?
Is a parking space included? Fee or no fee? Have it written in the lease.
Is a refrigerator provided?
Make sure all repairs to be made are written into the lease before you sign it.
Fuel and Tax Escalation Clauses (if these costs go up, the tenant pays a percentage of the difference).
Landlord's Right of Entry.
Security Deposit--get a copy of the pamphlet "The Tenant's Commandments" from the Off-Campus Housing Office and read it prior to paying your security deposit. It provides important information about your rights. The security deposit cannot exceed one month's rent and is paid upon signing the lease. You must be given a signed, dated receipt.

Try to get a copy of your lease immediately. The landlord is required to give you a copy within thirty days and can be fined for noncompliance.

III. Record Keeping and Transactions

The condition of your apartment should be recorded at the time of occupancy. Inspect the apartment thoroughly and record any damages. This condition statement should be dated and signed by both the landowner and the tenant. Check with your landowner to see if he/she has a specific form or list for recording this information (apartment condition statement).

It is important to keep a record of all transactions concerning your tenancy. Get signed and correctly dated receipts for any payments to the landowner and be sure the receipt states the purpose for which the payment was made. You should try to pay rent by check since it serves as a guaranteed receipt. Specify on the back of the check that it is for rent payment only since the memo portion on the front is not legally binding. If you must pay cash, always request a receipt. Keep an orderly file of important documents such as the lease, rental agreements, etc. Save all receipts and written letters from your landlord and make copies of any letters you send to him/her. Written documentation will help you protect your rights should any difficulties arise.