Tips before signing the lease

• Speak to current tenants who rent the unit you will be renting.
• Speak to other tenants within the building.
• Ask those tenants the following questions (preferably when the landlord is not present):

• Does the landlord respect your privacy - meaning do they give advance notice before entering?
• Was the apartment/house clean when you moved in?
• Does the landlord respond to requests/concerns/repairs in a timely fashion?
• Did you have any problems with the rental unit and/or property owner?

Lease Information

• Once you sign a lease you cannot break it.
• Make sure all agreements you make with the landlord are in writing on the lease.  If not, don't expect it to happen.
• You and the landlord can change the lease - you both need to initial it after the change.
• Make sure you get a copy of the signed, adjusted lease and that you make a copy for each tenant on the lease.
• Make sure all numbers add up correctly
• If furniture is included, make sure it is listed in the lease

How much should I expect to pay when I sign a lease?

• Each landlord has a different process. Generally, you can expect to pay upfront your first month's rent, last month's rent and security deposit (which, by law, should not equal anything more than two month’s rent)
• Some landlords have you pay all summer months in advance.  For example, if your lease begins in August, you may have to pay first months rent (August), security deposit and last 2 months rent (June and July).

Security Deposit Information

• By state law, the security deposit may not be any more than two months’ rent; however, if the tenant is 62 years old or older, it may not be more than one month’s rent.
• The deposit is held by the landlord on behalf of the tenant; the landlord merely has a security interest in the funds.
• The landlord is required by law to put the full amount of the security deposit into an escrow account where it will earn annual interest at a rate set by the Banking Commissioner.
• The tenant is entitled to the interest for all months in which the rent is paid on time (within the applicable grace period). With certain exceptions, the tenant will not receive interest for any months in which the rent was paid after the grace period. A landlord who fails to pay the interest due on the security deposit may be sued for the amount or may be subject to a fine.

• Protect your security deposit! When you move in, you should do a written inspection of the premises (ideally this should be done with your landlord). On that sheet, you should include any marks on the walls, spots on the rugs, floors and counter tops; also note whether the unit was clean or dirty when you moved in, and the condition of the furniture (if furnished).  Don’t neglect to check out things that might not be readily apparent, such as water pressure, sink drainage, and the condition of pads under the carpet. You and your landlord should both sign the checklist after completing it and both you and your landlord should receive a copy. This will protect your security deposit so that when you move out, you will have proof in case your landlord charges you for damages that existed prior to your arrival.
• According to Connecticut state law, landlords are required to return a tenant’s security deposit 30 days (or within 15 days of receiving the tenant’s forwarding address—whichever is later) after the tenant leaves.

Repairs and Maintenance

• Your landlord is responsible for keeping your unit in a livable condition. The landlord must keep the structure of the building sound, including stairways, floors, and roofs; keep electrical, heating, and plumbing systems operating safely; supply hot and cold water in reasonable amounts; and exterminate infestations of pests such as cockroaches.
• If a problem is the result of your own carelessness--such as a pest infestation caused by your poor housekeeping, the repair bill can be forwarded to you. If you don’t pay it, the amount may be taken out of your security deposit.
• Landlords may charge tenants for any cleaning or repairs necessary to restore the rental unit to its condition at the beginning of the tenancy. Landlords may not, however, use the tenant’s security deposit to cover the costs of ordinary wear and tear.

Jointly and Severally (or Individually) Bound

• All parties that sign the lease are equally responsible for the entire rent as well as individually—if one tenant can’t pay a share of the rent in a particular month, or simply moves out, the other tenant(s) must still pay the full rent. For example, Bob, Mary and Josh all live together and the rent is $1800 a month ($600 per person).  Bob decides not to return to Yale in the fall.  Mary and Josh are legally responsible for the $1800 and the landlord/lady has the right to pursue the rent from them.  Although Bob is responsible for his share, the property owner will pursue the tenants living in the unit as they are easier to pursue.  Josh and Mary can then sue Bob for his portion of the rent if he does not pay, but they need to sue Bob where he currently lives.

Length of Lease: Some issues to consider

• Is the lease for 12 months, or an academic year (i.e. 9 months)?
• If it is for 12 months, will you be here in the summer?
• What are the penalties that incur if you move out before the end of your lease? Some landlords require that you forgo your security deposit, or that you find a replacement for your apartment/room/house.
• Does your lease give you permission to sublet?
• If your lease begins in June, and you sublet, who will do the move-in inspection?  You are responsible for the actions of your sublettors. Therefore, if your sublettor destroys the apartment/unit, you will be held responsible by your landlord.

Utilities and Garbage/Recycling

• Find out who pays for utilities. Most rentals do not include heat, water, gas and electricity in the rent, but some do. Also find out who controls the heat, and if there is a thermostat in your unit that you can control.
• Some rentals involve extra costs associated with garbage pickup and recycling. You should be aware of what these costs are prior to moving in.

Entering the Unit

• Make sure your lease states that the landlord will give you advance notice before entering your apartment for inspections or repairs. Advance notice is usually 24 hours.
• A landlord or manager may enter rented premises while a tenant is living there only in an emergency, such as a fire or serious water leak, or when the tenant gives permission.

Danger Clauses in a Lease

Leases are legal documents concerning the rental of property. They are binding agreements which you cannot cancel after it is signed. Certain lease clauses can cause problems if enforced word for word. You should be cautious about signing; attempt to renegotiate the terms, or at least ask for an explanation if any of these or similar provisions appear in your lease.

Look for and recognize these “danger clauses” and have them removed or altered,  if possible:

The landlord

• Is not liable for repairs
• Is permitted to cancel the lease if the property is sold
• Has the right to enter your residence at any time, even when it’s not an emergency
• May show the premises to prospective buyers or renters at any time, rather than a specific time and/or advance notice
• Has the right to cancel the lease if “your behavior is immoral”

The tenant

• Accepts the premises in “as is” condition at signing
• Agrees no one else will live with you
• Is forbidden to have overnight guests
• Agrees to extra, unspecified rent or other unknown charges
• Agrees to obey rules not in the lease
• Loses their tenancy if gone for any length of time
• Waives their right to sue
• Agrees that improvements belong to the landlord
• Landlord is never liable if tenant is injured or sustains property damage
• Waiver or your right to a jury trial

After reading the entire lease, you should discuss with the landlord clauses you want removed, altered or included.  For example, if you expect the landlord to paint the apartment before you move in, be sure such a clause is in the lease.  All agreed changes should be in writing and initialed by both you and your landlord on all copies.  Each person signing the lease should keep a copy.
Other precautions concerning leases:

• If there are rules or other provisions from another document included as part of the lease, know what these are and keep a copy
• Don't assume a landlord will not enforce all the lease provisions
• Be aware that oral additions to a written lease are generally not binding
• Find out the approximate cost of utilities for which you pay - heat, electricity, gas, cable, internet, phone, water, sewer, and garbage.

What Providions Your Lease Should Include

A lease is one of the most important documents a tenant signs, but probably the least read or understood.  A tenant’s happiness and satisfaction is dependent upon their rental housing situation and the lease they sign.  The lease, a legal document, spells out both the tenants' and landlords' rights and responsibilities.  Many tenants do not take the time to read the lease or may not understand the terms and conditions.  A lawyer should be consulted if any terms or provisions are in question. The following list includes the obvious and the not-so-obvious terms a lease should contain:

• The date of the signing
• The complete names of the landlord and the tenant(s)
• The location of the rental unit, including the apartment identification
• Length of the lease term, including both the beginning and ending dates

The Rent

• The amount due each month
• When and where rent is due
• The penalty for any late payment of rent
• What utilities, if any, are included in the rent price
• Any extra charges that may be incurred (i.e. parking, storage)
• Who pays for repairs and maintenance, including damage as a result of negligence

Deposits

• The amount due
• What it covers
• When your deposit will be returned
• The conditions for refund
• The provision for payment of interest

Other provisions

• Are multiple leases jointly or separately obligated? (If tenants are "jointly or severally" responsible for payment of rent, any one person may be responsible for the total rent)
• When will the landlord enter the unit?
• Rules such as pets and guests, including a full description of pets allowed
• Limit on number of occupants, if any
• Furnished or unfurnished (if furnished, lease should list everything provided)
• Renewal option available?

CHANGES IN A LEASE SHOULD BE INITIALED ON ALL COPIES AND EACH PARTY SHOULD RECEIVE A FINAL COPY OF THE LEASE.