5 steps to take before you sign a lease
A lease is a legally binding contract. Before signing a lease, it’s crucial to read and understand the document fully. While it may be tempting to skim through a lease, you could miss important information or an opportunity to negotiate more favorable terms.
You should not feel pressured to sign a lease by a landlord who sets a very tight deadline. You can ask for additional time to thoroughly review the lease and have the lease reviewed by an attorney or family member. With many students preparing to sign a lease for next year’s housing, here are some steps to take.
1. Know the different types of leases
If you choose to live with roommates, check if you have an individual liability lease or a joint and several liability lease.
The most common type of lease is a joint and several liability lease. This is where you and your roommates sign the same lease together. You are responsible for your roommates’ share of the rent if they miss any payments. You are also responsible for any damage to the property, even if it was caused by your roommate or their guest.
An individual liability lease is less common and usually applies to situations where the landlord has assigned your roommates, although you may be able to request specific roommates. The tenant is responsible for their own rent and any damages to their individual space and may also be responsible for damages to common areas caused by apartment mates or their guests. The tenant also has less control with respect to apartment mates, who have their own agreements.
Whether you are signing an individual liability lease or a joint and several liability lease, a roommate agreement is a great way to address joint responsibilities. It can also help with other issues that come up in living with roommates, such as privacy, sharing food, cleaning schedules, etc.
2. Check occupancy limits
As you consider who your roommates will be next year, check the city’s occupancy limits for the residence you plan to rent. The law in Colorado recently changed to prohibit cities like Boulder from enacting general occupancy limits but cities may still place limits on the number of people living in a residence for health and safety reasons and affordable housing guidelines. You should also check the occupancy limits set forth in the lease. There can be consequences for over-occupying a residence, including eviction, paying more rent than planned and potential court charges.
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3. Review your responsibilities as a tenant
Know your specific responsibilities under the lease agreement, such as:
- Rent payment process, due dates and late fees
- Utilities, including electric, gas, water, sewer, trash, internet and cable
- Lawn maintenance
- Snow removal
- Repairs, including how and when to request repairs and who pays for the repairs
- The lease end date and time and whether you must notify your landlord that you will be moving out at the end of your lease
- Move-out requirements, move-out time and the landlord’s cleaning expectations
Additionally, make sure you know if there is a clause requiring you to always leave the heat on during the winter. Water pipes can freeze during Colorado winters, causing major damage for which you could be financially responsible.
Here are some other things to pay attention to in your lease:
- Check if you are required to submit a written notice to terminate the lease. This could be required even if the lease ends on a particular date. If you don’t comply with a notice requirement, you could end up paying rent after the lease has ended.
- Take note if there is an attorney’s fee clause and under what circumstances you would be expected to pay your landlord’s attorney’s fees.
- Look for any administrative fees you must pay and whether you are receiving any service for those fees. Also, see if there are fines and costs in addition to rent and under what circumstances they apply.
- Look to see if a damages check-in sheet is required and when it is due to the landlord. Some leases state that if you fail to turn in your check-in sheet on time, you accept the residence “as-is” and could receive charges for damage caused by a previous tenant.
- Ensure all promises or representations made by the landlord are in writing. If you discuss anything about the residence with the property manager, make sure it’s added to the lease before signing.
- Know if there is a way to get out of the lease, such as an early termination clause or subletting or assignment clause, and, if so, under what conditions.
- Check to see what the landlord needs to do before entering the residence.
- Understand if the lease requires renter’s insurance or if there is a provision requiring you to pay a Property Damage Liability Waiver (PDLW) fee. Regardless of what the lease says, it’s wise to have renter’s insurance. If you do have renter’s insurance, you should not have to pay a PDLW fee.
4. Share the lease with others
Share the lease with anyone else who will be responsible for it, including:
- A parental guarantor if the lease requires one
- A guardian, family member or anyone else who is co-signing the lease with you
- A family member or anyone else who is paying your rent
Give them time to review the lease and ask questions before anyone signs.
5. Have your lease reviewed by a lawyer
All currently enrolled fee-paying students have access to legal advice on campus. A lawyer can help you understand your lease and provide tips on other rental concerns.
Set up an appointment with the staff attorney in Off-Campus Housing & Neighborhood Relations for a free lease review. Roommates, parents or other family members are always welcome to participate in these sessions as long as a Ƶ Boulder student is present.
Student Legal Services (SLS) also provides free lease reviews, and you can find additional information about leases and other legal matters on SLS’s website.