Surviving Bad Landlords

By Melissa Lee

In a previous post, Lev talked about the different kinds of landlords. If you have a landlord who happens to be a “Pro”, you’re in luck. You will probably find your time living in your apartment very pleasant, and you will never have to deal with a landlord from hell. What happens if you do end up with a landlord who either doesn’t know how to deal with your problems adequately, or simply doesn’t care?

The best way to avoid this is to be careful from day one. As a renter, you have to know your rights. This includes reading your lease agreement very carefully, and knowing what the law is with regards to landlords and renters. Different states have different laws, so if you’re moving to a completely different state. Make sure you know what you can do within legal means if your landlord doesn’t do their due diligence. Unfortunately, in Texas, rental laws are extremely favorable to landlords, so if you’re living in Texas, make sure you read your rental agreement carefully before signing it.

What should you do before jumping into a lease agreement? Read our previous posts on Apartment Essentials. Once you’ve found the perfect place to live, you will need to submit an application to lease the property. This gives the landlord the right to run a credit check on you to make sure you haven’t been delinquent on rent in your previous leases, or that there are no red flags with regards to rental history. If you’ve been lucky enough to have a parent co-sign your lease, they are the ones who would look through the lease agreement. At some point in your life, you will need to be the one to read it, so this is what you need to know.

If you haven’t been a tenant from hell, chances are you will be fine. In Texas, lease applications tend to run between $40-$60 per person on the lease.

The next step you will take is to go through the lease and sign it. This is the most important part of the rental process, so take it very seriously. Most apartment complexes and landlords in Texas make use of the standard lease agreement provided by the Texas Apartment Association, and if they do, you are pretty covered in terms of legalese. Some things you need to make sure that you read through:

1. Maintenance – When something breaks in your apartment, and it wasn’t your fault, make sure that the apartment will cover the cost of the repair. I have had friends who had to pay a few hundred dollars to fix the air-conditioning in her apartment, when it wasn’t even her fault. Also make sure you know what the conditions are for reporting a maintenance issue. If the apartment requires a written notice, make sure you provide one, and have two copies. Have the agent sign both copies – you keep one, they keep the other.
2. Termination of lease – In Texas (and in many states), premature termination of your lease is pretty standard. If you want out of your lease for any reason, you will be responsible for getting a sub-letter, or be paying rent on your apartment until the apartment complex does.
3. Know your deposits – If you’re having a pet, make sure those terms are on the lease as well. You want to know if you will be paying a pet deposit, what kind of pets are allowed (some apartment complexes have size restrictions), and if you will be paying a monthly rent for your furry friend. If you paid a security deposit, make sure it is written on your lease as well.
4. Bills – The lease should also say if they will be paying all your bills, and if they are, whether there is a cap placed on utilities. If they are providing your Internet, and if they are providing your cable/satellite TV. If they are, make sure you know what you are getting out of your cable TV. You don’t want to have your HBO paid for one day, and the next thing you know, they are making you pay for it.

These are just general points to look out for in a lease agreement. A lease is legally binding. Always read a legal document very carefully before you sign the lease. Don’t be pressured into signing something you don’t understand. If you have questions, don’t be afraid to ask.

If there is anything about the apartment or the lease that you are not comfortable with, never be afraid to say no and walk away, or to re-negotiate the terms of your lease. You will be living there for (at least) the next 12 months, so you want to be sure!

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