What is a lease?
Leases are contracts between landlords and tenants for renting property. Leases may be oral or written. In this handbook we will only discuss residential leases (involving houses or apartments).
The Oral (Unwritten) Lease.
Many tenants do not have written leases. This does not means they do not have a lease, it just means the lease is based on an oral agreement between them and their landlord, Most oral leases are for 30 days. They are called month-to-month leases.
The Written Lease
All leases of three years of more must be written, but many written leases are for a one-year term or less.
Many written lease are on printed forms or prepared by the landlords, These leases are often hard to understand and have terms favorable to the landlords.
Pennsylvania’s Plain Language Consumer Contract Law requires written leases to be easy to read and understand. Landlords who violate this law by using hard-to-read leases could be ordered by a court to pay damages to their tenants.
You should not sign a lease you do not understand or agree with because once you and the landlord sign it, you could be held to its terms.
A written lease may be good for you if you want written promises that:
- you can stay for more than a month; or,
- your landlord will do certain things (such as make repairs); or
- the rent will not be raised during the lease.
You may not want a written lease if:
- the lease contains terms which do not benefit you; or
- you do not want to stay that long.
Before you rent
Before you sign a written lease or agree to an oral lease, you should carefully look over the apartment. Make sure you know the amount of the rent, what utilities you must pay, and the condition of the heating and plumbing systems, appliances, and the building itself.
Think carefully about the following:
- Does the apartment have enough room?
- Can I afford the rent and utilities?
- Is the apartment in good condition?
- Are there any repairs which must be made?
Once you and the landlord have agreed to the terms of the lease, it is time for you to begin…
Moving in.
Keep receipts and records.
It’s a good idea to make a list of anything wrong with the apartment. Have the landlord sign the list and keep a copy for yourself!You could also take pictures or a video, or at least have a friend walk through the apartment with you to note the conditions on the date you moved in.
If your landlord promises to make repairs or improvements, make sure you put them into the written lease. If you don’t have a written lease, try to get the landlord to write down the promises. Otherwise it will be harder for you to hold your landlord to his promises. (In this booklet we’ll refer to the landlord as “he” to make the reading a little easier that “he or she”, “his or her” etc.)
Keep canceled checks or money order slips as proof of any rent or security deposit you paid.If you pay in cash, be sure to get a written receipt from your landlord. You should NEVER pay your rent without getting some sort of receipt from your landlord!
It can simply say:
Received $__________from_______ for ____________(month).
Balance due $_______________
Date___________ Landlord.________
Be sure to see NPLS ’ videos on renting an apartment and The ABC’s of Landlord-Tenant Law.
