Apartment Lease

If you’re on your first-ever apartment hunt, you’re soon to find out there can be some serious paperwork that goes along with the process. To help you better prepare [click to continue...]

It’s a dream come true. After weeks of searching, you find an apartment worth writing home about. It fits nicely into your budget and it even offers all the amenities you’ve been looking for. [click to continue...]

Moving to an apartment is such an exciting time for many of us that we quickly sign our lease and move in without a second thought to the parameters of our lease agreement. [click to continue...]

Oftentimes the more that we make plans the more we are confronted with the fact that life is an ever-changing thing; we may count on something happening and quickly realize [click to continue...]

Photo by: David Goehring

Moving to an apartment is an exciting time to claim your own space and enjoy the independence of living alone – or in the company of roommates. In either case, there are many tasks to complete ahead of time, in order for your move to be a smooth one. One of the first things to do is to sign an apartment lease.

Part of the terms of the rental, in most cases, will be the payment of a security deposit from the tenant to the landlord prior to move-in day. The security deposit will generally equal one to two month’s rent, although each state has its own laws governing the maximum total allowed to be charged for security.

The security deposit is meant to be held by the landlord as collateral, should the apartment sustain any damage during the tenant’s occupancy. If, at the time of the tenant’s move-out, the apartment is in good shape and does not violate any terms of the security deposit, the landlord is required to return the security deposit to the tenant. Understanding the terms of the security deposit and your state laws governing its return, will help you ensure that you get back your security deposit in its entirety.

Before You Move In

Prior to apartment moving take the time to ensure that the amount of the security deposit is clearly stipulated in your written lease, as well as the terms outlining the return of your security deposit at the end of your occupancy. Ideally, you should always have an attorney read through your lease so you can be sure you are not missing any details that could affect your security deposit.

Photo by: Laura Mundee

Take A Tour

Because getting the security deposit back depends on the condition of your apartment, prior to moving to an apartment you should always conduct a thorough inspection. Along with your landlord, go through the apartment to determine if there any repairs that need to be completed.

Be sure to note all existing damage in writing on the lease so you are not held responsible for them when you move out. Both you and the landlord should sign and date these additions to the lease. As an extra precaution, consider taking digital photos of any areas of concern.

Be A Responsible Tenant

While you are living in the apartment, be sure to alert the landlord immediately to any damages or breakages so they can be repaired immediately.

Leaving Your Apartment

Approaching the end of your lease – should you decide to move out –be sure to give your landlord the appropriate amount of notice as outlined in your lease. Your landlord, in turn, should give you notice of an impending apartment inspection.

Upon inspection, if the apartment is found to be in good condition, your landlord should refund your security deposit. There is a maximum length of time – as stipulated by your state – in which you should receive your security deposit. If your refund exceeds that time, you should notify your attorney immediately.

Those who have decided that moving to an apartment works best for their current lifestyle are undoubtedly called upon to sign a lease. A lease is simply a written contract that is entered into by the landlord (the person or entity that is offering the apartment for rent) and the tenant(s) (the person or people who are renting the apartment). A lease is a legal document, and while most apartment leases include general wording, each and every lease is different from the next. It is of the utmost importance, therefore, that before moving to an apartment you thoroughly read and understand the terms of your lease before signing.

Photo By: Fredcamino

The Basic Inclusions

The standard terms of an apartment lease outline the obligations of both the landlord and the tenant. Such information will include the names of the tenant(s) and landlord, address of the apartment, the cost of the apartment rental – including weekly or monthly rent, any additional maintenance fees, the amount and terms of the security deposit, and the length of the rental. Most apartment rentals run year to year, although there are some that are offered month to month. In either case, the lease will layout the terms of vacating the apartment, including how much notice the tenant(s) must give to the landlord in order to avoid additional fees and, conversely, how much notice the landlord must give to you should they decide that they wish you to vacate the apartment at the end of the lease.

Such inclusions are generally standard to an apartment lease but should not be taken lightly regardless. Be sure to read every word of any lease prior to moving to an apartment. If you are unsure of the language consult an attorney who will read the lease and alert you to any inconsistencies.

Additionally, if you are moving to an apartment with one or more roommates, be sure that their names are listed on the lease along with your own. This will ensure that responsibility for the conditions of the lease is shared by all those who occupy the apartment.

Special Inclusions

Aside from the basic lease inclusions, there are always some additions included in a lease that are dependent upon the special circumstances of the rental. Such additional terms may include utilities supplied by the landlord as a part of your rent and policies of the apartment complex including noise, pets, subletting, late rental payments, etc. These policies are especially important to read before signing a lease and moving to an apartment; it is important that the apartment is conducive to your lifestyle.

Getting Your Security Deposit Back

A security deposit is paid by tenants to the landlord to protect the landlord from damages that may occur in the apartment during the length of the lease. Generally, the security deposit is equal to one month’s rent and is paid to the landlord prior to moving to an apartment. This deposit is kept by the landlord and prior to you moving out - if your apartment is in good condition – the security deposit is returned to you. For this reason, it is crucial that you thoroughly inspect your apartment prior to your move-in date. That way, any damage that already exists can be noted on your lease so that you are not held responsible and your security deposit is not affected.

A move is an exciting occurrence in anyone’s life, whether it’s your first place or your fifth. Moving to an apartment can be the result of many different life events: a starter place, a typical living arrangement in a city, or even a downsizing from a larger home as the result of a change in life circumstances.

But whatever your reason for moving to an apartment, the excitement – and the challenges – are often the same across the board.

Photo by: Richard Cawood

Things to Do Before the Move

• Packing
• Determining what will fit into your new space
• Decorating
• Cleaning

Unless you move into a brand new apartment that has never before been occupied, chances are you are coming in on the heels of another tenant, and many tenants before that.

The landlord should perform periodic inspections, maintenance, and upgrades to ensure that everything in the apartment is as it should be, including structure, flooring, and appliances. And even though a cleaning has been done by the landlord prior to your move-in,it still is a good idea to give the place a good scrubbing.

Apply Elbow Grease Here

Before apartment moving, take stock of the space that will soon be yours and set out a plan to give each and every room a meticulous cleaning. In the kitchen, give the refrigerator and freezer a good cleaning, removing all drawers and shelves and soaking them in warm, soapy water, as well as wiping down the interiors.

The oven is another appliance that gets quite a bit of use so it’s important to clean it well; if you have a self-cleaning oven, all the better. If not, grab some gloves and oven cleaner and get scrubbing! The cabinets should also be cleaned – both inside, and out – before stocking any food in them. It’s also a good idea to scrub out the sink, and wipe down all counter tops.

Photo by: Dave Austria

Other Areas to Clean

The bathrooms also require extra attention as tubs, showers, sink, toilet and floors should all be completely sanitized. Shelves and drawers should be wiped out completely.

Moving can be stressful and time-consuming, filled with so many details that can mean the difference between a smooth transition and a bumpy ride. Moving to an apartment, as opposed to a single-family home, comes with its own set of challenges. Knowing how to navigate these challenges means finding an apartment that fits your needs and budget, and then negotiating a lease.

Photo by: Jess and Colin Liotta and Bulthaup

Review Your Lease

When you rent an apartment, you are confined to the terms of your lease. The lease is a legal document that binds you as the tenant, as well as the apartment owner.

Before moving to an apartment or signing a lease – all details of the lease should be reviewed by your lawyer so that you do not run into any surprises. In most cases, a lease is standard in its verbiage and make-up; but if there are particulars that you want included in the contract, based on your situation, it is imperative that they are in writing.

Note Any Disrepair

If you find there are elements of the apartment that need attention, you should bring them to the landlord’s attention. If your landlord agrees to fix these items, you should include this as a written agreement in the terms of the lease.

These notes are especially important for when your lease comes to end. Having noted this disrepair up front clears you of any responsibility and protects your security deposit.

Photo by: Takashi Toyooka

Organize Your Documents

In addition to reviewing the lease, it is also incumbent upon you to have all of your paperwork organized and ready for review should an apartment become available. Some documents you’ll need are:

• Proof of identification, i.e. photocopy of driver’s license, passport.
• Proof of employment and income, i.e. photocopy of paycheck stubs.
• Rental references.

Moving to an apartment is an exciting time in your life; be sure that you protect yourself by proceeding with care and complete understanding of the legalities customary to the process.