Every tenant has a lease that can be enforced in court even if there is nothing in writing. A spoken (oral) agreement between you and your landlord can be a lease. However, it is probably in your best interest to get every promise by the landlord in writing. Then if there is any question about what promises were made, the written lease can be used as proof. Remember to read and understand the lease completely before you sign it. Be sure you always get a copy of everything you sign or give to the landlord, and keep it in a safe place

Do all leases have to be written?

No. Whether or not you get the lease in writing is a matter of choice. The advantage of a written lease is that you have proof of your specific agreement, and it makes clear the duties of you and your landlord. It also gives you the right to stay in the apartment for the time the lease states.

After I move in can the landlord change the amount of my rent?

This depends on your lease since your landlord can put a clause in the lease that rent can change, so read the lease very carefully. It would be best to get legal advice before you sign any lease so you know exactly what your landlord can do and what you are required to do.

What if the lease says things I do not want?

Do not sign anything that includes items you do not agree with. Once you sign the lease you will have a hard time proving you did not agree with the whole thing. You can cross out the parts you do not want. If you do this both you and the landlord must sign at every place the words are crossed out or added, so that you can show that changes were agreed to by both of you. Get a copy of the lease after you sign it. If anything was changed, make sure your copy is also changed and signed.

Is there anything a lease cannot say and if so what can I do?

The lease cannot make you give up any of your rights under city law. The lease cannot:

·         let your landlord get an order of eviction from the court without serving you with a summons and complaint informing you of the court case (this is sometimes called a “confession of judgment clause”); or allow the landlord to file an eviction case without first giving you a written 5 or 10 day notice terminating your lease; or

·         charge a late fee or give a rent discount of more than $10 for the first $500 in rent plus 5% per month for any amount of rent over $500; or

·         allow your landlord to make you responsible for the landlord’s negligence; or

·         make you give up the right to a jury trial in eviction; or

·         make you pay for your landlord’s lawyer’s fees, unlesallowed by law.

If any of these provisions are in the lease, they are illegal and cannot be enforced by the landlord.

If you have a lease with illegal clauses, it does not invalidate the entire lease. It just means the landlord cannot legally try to enforce the illegal clauses. If the landlord tries to enforce one of these clauses, you can sue for any actual damages, two months’ rent and lawyer’s fees.

Can my landlord charge me for paying rent late?

Yes. But only if there is a provision ‘in your lease for late fees, and then the landlord can only charge you $10 a month for the first $500 in monthly rent, plus 5% per month for any amount in excess of $500 in monthly rent.

What happens if I want to get out of my lease early?

The lease can be ended early only by agreement with your landlord, or by using your right to end the lease for certain unfair landlord actions under the Landlord-Tenant Law. If you fail to do the specific acts required by the city law, you cannot get out of your lease early.

If you move out early, your landlord must try to re-rent the apartment at a fair rent. If the landlord is successful in re-renting the apartment, then your obligation is ended. It is beneficial to both the landlord and the tenant to work out a mutually agreeable solution.

If the landlord re-rents the apartment for less than what you were paying, you will have to pay the difference between the amount the new tenant pays and your rent.

If your landlord makes a good faith effort but cannot find someone else to rent the apartment, you will owe the amount of your rent just as if you had stayed until the end of the lease along with the amount the landlord spent advertising.

Can I sublet the apartment?

Yes. If you want to move out early and have arranged to sublet the apartment, your landlord must accept any reasonable subtenant without charging any fees.

Remember, you are still liable to the landlord for rent if the subtenant does not pay the rent. If you plan to move and not return to the apartment, it is better to get a written agreement with your landlord to end the lease early.

What happens when my lease expires?

You have the right to move out, when your lease expires. Some landlords and tenants agree not to sign another lease, and continue with a month-to-month rental agreement. Other landlords may want you to sign a new lease when your old one expires. If the landlord requires you to sign a lease more than 90 days before your current lease expires, you can sue the landlord for one month’s rent or actual damages, whichever is greater. If your landlord does not want to have you live there after the end date of your lease, the landlord must give you a written notice at least 30 days prior to the end of the lease. If the landlord does not give you this notice 30 days before the end of the lease, you have the right to stay in the apartment 60 days from the time you do receive the notice, at the same rent and terms.