Signing your first lease?

You toured the place, asked all the right questions and decided you want to be a renter. But first, you have to finalize the agreement with your landlord. Signing a lease can be an intimidating process, but doesn’t need to be.

To help answer some common student questions, we’ve interviewed Charlon Dewberry, managing attorney at the University of Toledo’s Student Legal Services.

In legal terms, what is a lease?

“A lease is a legally binding contract which sets forth the rights and obligations agreed to by the property owner (landlord) and the person renting the property (tenant),” Dewberry said. “If either party does not perform their obligations under the lease, then they can be sued for breach of contract.”

What types of leases will students see?

Contrary to popular belief, Dewberry points out there is no such thing as a “standard lease that fits all situations.” Some landlords may give the tenant a one-page document while others will present a longer one with multiple pages.

“Some leases are on a month-to-month basis, other leases are for a short term — such as 6 months – while other leases are for a longer term, such as one year or two years,” Dewberry said.

Why is it important to read the entire lease?

According to Dewberry, the landlord-tenant relationship is governed by Chapter 53 of the Ohio Revised Code, which explains the tasks and responsibilities that the tent and landlord should each perform.

“However, one party in a lease can agree to assume some of the tasks and responsibilities that the other party was to perform,” Dewberry said.

Dewberry urges students to make sure the landlord isn’t “trying to transfer some of their statutory obligations to the tenant,” or forcing the tenant to assume responsibility for things the landlord is normally under obligation to do.

For example, if the tenant signs a lease which says he or she is responsible for paying the cost of repairs to appliances provided in the rental, then the tenant is then responsible for those costs. The lease can also require the tenant to pay a “non-refundable” appliance fee, according to Dewberry.

Dewberry said the lease should, at the very least, include provisions concerning the amount of rent to be paid, the date rent is due, identification of the property or premises to be rented, the contact information for the landlord, any fees for late or missed payments, default provisions, how long the lease will last and any responsibilities that the tenant has to pay, such as utilities.

Leases should also explain how much advance notice the tenant must give the landlord if he or she does not plan to renew the lease.

“Unfortunately, a lot of people assume that they only have to give 30 days advance notice … then they get hit with a bill for another month’s rent or more because they moved without either giving notice or they gave insufficient notice,” Dewberry said. “We have also seen leases automatically renew for an additional year.”

Dewberry reminds students that a lease is a binding contract and if signed, the court will assume all of it has been read.

What if you aren’t 100 percent sure?

First and foremost, don’t allow yourself to be pressured into signing a lease you don’t understand or agree with. According to Dewberry, tenants have the right to speak up and ask to have terms they don’t like or agree with changed or removed from the lease.

“There is a lot of rental property around the university and so tenants should not give in to the hard sale and the pressure tactics that some landlords will engage in to get you to sign the lease as soon as possible,” Dewberry said. “Take the time to ask questions, to ask for modifications to the printed lease and to investigate multiple properties before making a decision.”

What about roommates?

According to Dewberry, finding well-matched roommates to live with should be a priority.

“Before you sign the lease and definitely before you move in together, have a serious conversation with anyone you plan to move in with,” Dewberry said. “Discuss your study habits, your housekeeping preferences, your socializing preferences … Keep in mind that living with someone is different from hanging out with someone.”

According to Dewberry, most leases are “joint and several,” meaning that everyone who signs the lease is jointly and individually responsible for all of the obligations under the lease.

“Your liability under your lease does not go away just because your roommate moved out or you are no longer getting along with that person,” Dewberry said.

Consequently, it’s crucial to ask yourself the question: “If my roommates move out or never move in, can I afford to rent this place on my own?”

Dewberry advises students to fill out a roommate agreement, or a written contract between all roommates that acknowledges their liability to each other for paying their respective share of the rent, utilities, etc.

These agreement forms are available at Student Legal Services in Rocket Hall Room 1610.

What are some red flags to look for?

According to Dewberry, the following are warning signs:

1. The prospective landlord refuses to give you a written lease — while Ohio law recognizes oral leases, you are running the risk that a dispute is going to arise at some point about what was promised.
2. The prospective landlord won’t let you take a copy of the lease to have someone review it with you. Ask yourself — what are they trying to hide?
3. The property management or ownership keeps changing.
4. You are asked to sign a lease that has blank spaces on it, and your landlord refuses to give you a copy of what you are signing.

Need more help?

Dewberry urges students who do not understand their leases to consult with an attorney at Student Legal Services before signing, where proposes leases can be reviewed by a licensed attorney.

“We would be happy to review your lease with you and explain to you in plain English what the lease says and how those terms will impact your rights and obligations,” Dewberry said.

For more information, contact Student Legal Services at 419-530-7230.