Ask MetaFilter questions tagged with lease and apartment

What do you wish you'd known when choosing your first apartment?

randomnity — Fri, 14 Jun 2013 13:26:36 -0800

At the end of the summer I'll be selecting and moving into my first apartment after living in a house with roommates for several years, and I'm looking to discover what things I don't know that I don't know. As an example, a friend told me that her apartment gets extremely hot in the summer because it faces south, but she didn't realize it because she moved there in the winter. I'd never have thought to ask about something like that. I'd like to discover more things like this that I should be asking about when deciding on an apartment. I'm not looking for obvious things like location, price, size, etc., or things that are not possible to avoid like a surprise bedbug infestation. I'd like to hear about the random little things that made a surprising difference to your happiness (good or bad) in your new apartment.

What non-obvious or unexpected things did you discover after moving into a new apartment, that might have made you pick a different apartment?

How to ask my roommate if I can break the lease before it ends?

AlmondEyes — Tue, 12 Feb 2013 17:37:15 -0800

I live in Cambridge, MA and share a two-bedroom apt with one roommate. We are women in our early 30's. I've been in the home for 2.5 years, with a different roommate each year. I loved my first two roommates. I invited my current roommate to move in this past Sept (met her through Craig's List) and we're a good fit. I have a sudden, burning urge to move into my own (1 bedroom) apt. Do I ask her permission, or just tell her I'm moving? There was one precipitating incident/conflict that happened about a month ago and we talked it through. It is still stuck in my craw, however. Moreover, it just symbolically brought my interest in living alone to a head and - as I recently paid of my student loans - I can finally afford to.

My lease ends in at the end of August, but that seems a a long time to wait. I can just sense the freedom of living alone and don't want to feel constrained for six months more. My landlords like me and would be OK with my breaking the lease, I think, so long as my roommate agreed and found someone new.

How do I frame this conversation with my roommate? I'm inclined to say ~ "I have wanted to live alone for a long time [true] and, when I recently paid off my student loans, realized it's now financially feasible. I've started to look at apts. Though we didn't discuss the possibility of one of us moving mid-lease when you moved in, I'd like to hear your thoughts on it now...do you want to take a few days to think on it?"

The apt is very desirable and I'm confident she could fine someone to fill my room (though far fewer people will be looking now as compared to Sept 1), plus she could rule the roost once I left. I would offer to screen potential roommates. If I tell her now, I'd propose an April 1 move-out date. Giving a month's notice is standard practice around here, though we never discussed the terms when she moved in and I assume she was not expecting I move out mid-lease for a reason that's within my control, like this one.

From your perspective, is this a reasonable request? Do I ask her permission or just tell her it's happening? I'm nervous she could look for a new roommate, but tell me I'm stuck with the lease beyond April if she doesn't find anyone she likes within the ~6-weeks notice I give her. There are vulnerabilities here, of course, like creating more awkwardness if I don't end up moving until Sept.

I'm leaving, but what do we do about the lease?

QuantumMeruit — Wed, 12 Dec 2012 08:14:49 -0800

BadRoommateFilter: Last night, I came home to my roommate ranting about a dirty kitchen. The rant culminated with him throwing a jar candle at the window, at which point I left. There's broken glass on the kitchen floor still, this morning. I'm seeking new housing, but what to do about the rent for the remainder of the lease term? My roommate clearly has anger-management issues. The rant involved anger at me for not cleaning up the kitchen, and when I pointed out that he had left many messes in the kitchen, his response was, "You know what I think of that argument?" And then he threw the glass jar.

Bottom line, I no longer feel safe in the apartment, and I spent this morning actively looking for other housing options. I feel mad at myself that I can't get over this and that I'll pretty much have to eat my share of the rent until our lease is up.

We are both on the lease and I understand I have joint and several liability for rent. So if I simply stop paying rent and my roommate defaults, I'm screwed even more. Other than paying my half of the rent as it comes due, can you think of any other options for mitigating my obligations?

SuperSpecialSnowflakeDetails: Roommate is my brother-in-law. My wife, his sister, fully supports my move-out. And , many years ago I co-signed his student loans. Sending him into financial ruin or default will really screw me above and beyond my share of the rent for the remainder of the lease term.

I am not looking for legal advice and I agree that nothing posted here will form an attorney-client relationship.

What did you wish you'd known before renting a particular apartment?

corey flood — Sat, 13 Oct 2012 09:38:44 -0800

When checking out potential new apartments, what problems do you wish you hadn't overlooked? Obviously, some things can be fixed or improved, but what immutable issues would you ask about or look for before renting? I have obvious ones covered: water damage, pests, electrical outlets, water pressure, condition of appliances and fixtures, condition of floors, etc. Example: a friend once lived in an apartment next to the laundry room and was conscious of the noise/heat/smell/foot traffic. Now he checks the location of the laundry facilities before signing a lease.

In other words, what non-obvious information about your apartment do you wish you'd had before moving in?

Do I save by moving into my apartment in the winter rather than the summer?

lunchbox — Thu, 20 Sep 2012 16:05:13 -0800

Apartment lease economics: I'm planning to move to a new apartment. I'm considering waiting until winter to move in, because leases are cheaper in the off season. But will my rate just go up when it's time to renew a year later? In my city, apartment prices are seasonal: they peak in the summer & early fall because of high demand, and then in the winter, they drop since not as many people want to move in, and landlords don't want vacancies. So, instead of moving into my new apartment now, I'm thinking of waiting until the winter, when I'll be able to score a cheaper lease.

For example, if I get an apartment in September, I might get offered an annual lease at $1400/month, but if I wait until December, that could drop to $1300/month, yielding a $1200 savings over 12 months.

That part is straightforward to me. But it seems the savings might actually extend beyond the first year, because landlords are telling me that my lease price for the second year is based on market prices at the time of renewal.

Assuming I'm on an annual cycle, it seems like it would be extremely advantageous to start my initial lease during the winter, because every time my annual renewal comes around, it'll be off season again, and I'll once again reap the benefits.

Continuing the example above, this would be like the following (for the sake of simplicity, assume everything stays constant from year to year):

December 2012: $1300/mo
December 2013: $1300/mo
December 2014: $1300/mo

versus:

Sept 2012: $1400/mo
Sept 2013: $1400/mo
Sept 2014: $1400/mo

Am I correct in perceiving a long-term advantage to moving in the winter?

Movin' On In

Urban Winter — Tue, 18 Sep 2012 08:47:18 -0800

Moving in with two roommates - one friend, and one other guy the two of us just met. What haven't I thought of, and what should I be prepared to deal with? Long list of stuff inside. The new guy (I'll call him James) is 20, I'm 22, and my friend (I'll call him Tim) is 24. James works full time and will be going to school next semester (and reducing his hours a little to do so). I work and go to school. Tim works and is on his way out of grad school.

We met James the other night for coffee, and got along pretty well. Tim is very quiet, so it was mostly me and James talking, and both of us checking in with Tim to make sure he was on board with what we were saying. (It should be noted that, while Tim is quiet, he will give an honest opinion if prompted, and I've tried to get in the habit of prompting frequently for this purpose.)

We agreed that the electric bill should be in my or James' name, since we both have good credit. We'll be splitting everything three ways evenly (which I'll have in writing, of course). We'll keep the place cool through the winter to cut down on utility bills, watch ourselves and each other to remember to unplug things when we're done using them, etc. We're going to set up a group grocery "fund," and anything that only one of us wants they can buy themselves (like soda, for example, which neither James nor I drink). Cleaning will be up to the individual in their own room, and the common areas are to be kept free of junk (mostly; study materials lying around is to be expected, but generally the rule is "pick up your shit"). Cleaning we're going to figure out more specifically later, but James and I already agreed that I would do dishes if he'd clean the bathroom.

Privacy: If the door's closed, don't go in. If you need something, knock, and if there's no answer, too bad. Bathroom privacy: whomever is in there, leave them alone until they're done. We'll compare schedules for morning getting-ready time when we see what we've got to work with (I can brush my teeth at the kitchen sink while someone else showers, for example). We agreed to keep each other abreast of busy times and to be quiet when others are sleeping, to respect study times, etc. None of us plan on playing loud music in general, but if we want to, or want to turn up the volume on a movie or video game we'll check first.

What do I need to know about having alcohol in an apartment where one person isn't yet legal? None of us are partiers. We agreed that if we're thinking of bringing a friend or friends over, we'll ask first (or if we know we don't want anyone over on a given night, tell the other two beforehand). We haven't discussed overnight stays yet, but I plan on bringing it up and keeping a "couple nights a week or she helps pay rent" policy if that's agreeable with the others. None of us smoke, but the policy for friends who do is that they can take it outside. I was very clear that I don't want to smell any smoke, so closing windows, making friends walk away a little, etc has already been discussed. I am a hard-ass about this, and have told James this (Tim already knows).

I have a cat. I will handle the litter box, but will ask the others if they are okay with taking care of it if I am away for a night. Same for if she pukes anywhere. I will also vaccuum a little extra to compensate for the hair. I have made it very clear that she is an indoor cat, and will be mentioning that she likes to bolt, and thus the door/windows should never be left open (without a screen, of course).

We'll all be making sure to lock doors, windows, etc. I was thinking of either requesting that the landlord change the locks immediately when we move in, or doing it ourselves and handing a spare key to the landlord. Too much? I've heard horror stories of landlords who just use the same 3-4 locks all the time, or who give out keys to the wrong apartment. What's the right level of caution here?

I am bringing most (possibly all) of the furniture. Tim is bringing some cookware. I may be bringing dishes (James doesn't own much that could be considered apartment furnishing). We agreed that if we need anything else we'll go three ways on it, and when we move out/split up the person who gets it will buy the others out. If anyone spills/breaks/damages anything, we agreed that they'll pay for it to be repaired. What if something is broken irreprably? I don't honestly see it being a potential problem, but let's say worst case scenario here. Or what if a friend breaks something? The odd glass or plate doesn't count; everybody drops things.

I feel pretty prepared overall, but I'd still like to make sure everything is squared away. What should I have in a written agreement, and what can be verbal? What am I not thinking of?

Oh, and what would be the best way to pay rent? I'm thinking either each of us contributing cash to a "rent envelope" or two people giving cash to the third, who then writes a check to the landlord. Good idea? Bad idea? Alternatives?

Apartment hunting with a mold allergy (Chicago)

randomname25 — Sun, 16 Sep 2012 11:03:54 -0800

I have a rather serious mold allergy. How should I go about finding a mold-free (or almost mold-free) apartment in Chicago? My allergy is bad enough that levels of mold that might be tolerable to other people make me cough, sneeze, wheeze, get itchy eyes, itchy throat, etc. after 30-60 minutes. Unfortunately, this is not so immediate that I can just detect whether a place is livable from a 10 minute viewing.

I suspect that telling prospective landlords about my allergy in initial Craigslist emails may be scaring them off/making them believe I'm a pain in the ass, even if the advertised apartment doesn't have any mold issues. Should I wait for a phone call? Or maybe the actual viewing, because they've already invested some time, and it's harder to lie to someone if you're looking them in the eye? (Man, these mental games...)

Everywhere I've ever lived has had air conditioning, with the exception of my college dorms (but for some reason they were all fine). Is A/C something I need to make essential in my search? (I'd rather not, but I guess that's life.) Should I be searching for newer buildings, and if so, how? Craigslist postings almost never list the age of the building.

If it matters, I'm looking to live on the North side of Chicago, along the red line (or brown or blue). Before I realized this truly is a dealbreaker, I was mostly looking at places in the $550-$700 range in Rogers Park, Edgewater, and comparable nearby neighborhoods. Is that budget unrealistic if you really can't deal with mold? $850 is my ABSOLUTE max including heat, and I'd really rather not pay that much. But maybe that's unavoidable? Are there other neighborhoods I should consider? Keep in mind that I'm female and small so safety's a major concern.

Finally: would using any of these apartment services be a reasonable solution?

For those of you who saw my previous question, yes, the apartment had hidden mold, but luckily the manager let me out of the lease.

I suspect there is hidden mold in my new apartment. What now?

randomname25 — Fri, 31 Aug 2012 18:10:42 -0800

I suspect there is hidden mold in my new apartment. How do I know for sure, and what do I do to remove it/get the manager to remove it? I'm allergic so letting it be is not an option. I just leased an apartment. It looked fine when I saw it except for some mold in the bathroom. The building manager agreed that this was unacceptable and agreed to "paint" before I moved in. I was an idiot and I guess I just assumed this meant that he get the mold removed and then have it painted.

In any case, I think there's probably painted-over mold in other places, because after 15 minutes in the place I start sneezing like crazy and my throat itches. Or maybe it's under the carpet. I have barely moved any stuff in at all at this point and my lease formally kicks in tomorrow.

If the problem's really bad, I assume the carpet will need to be removed and/or the walls will need to be stripped. If it's not, maybe just wiping stuff down with Lysol or vinegar and/or steam-cleaning the carpet would work. But how do I assess the problem, or determine if it's actually another allergen that's bugging me?

And is this the landlord's responsibility? I signed off on the apartment as being OK aside from the bathroom being "unpainted" because I wasn't in there long enough seeing it for my allergic reaction to kick in. What are my next steps?

Kind of maybe moving, Mr. Landlord

Anonymous — Fri, 24 Aug 2012 20:05:36 -0800

Job opportunity has quickly come up in new city, but nothing settled. Would have to be there October 1 though, what do I tell landlord? An out of the blue, but dream job opportunity has come up for me. I've had a phone interview, which went fantasticly, and waiting for the in-person (boss on vacation for the next week), with what would be an October 1 start date. Catch of course is that the job's in New York and I'm in Chicago. And the second part is that I don't actually have the job yet, although (knock on wood) things seem really positive at the moment.

My lease is up at the end of August, with the understanding last year that after the first year, it'd be month to month. I wasn't planning on leaving the city, so hadn't really brought up a new lease with the landlord, was just going to keep paying every month. Last year, he said that he would need 45 days once I was month-to-month.

So my question is, my plans are certainly not set (and probably won't be until mid-September) with this new job, so there's a bit of limbo, but is the right thing to do in regards to my housing situation, that would be fair to my landlord?

Shes finally leaving! Now what?

Anonymous — Thu, 24 May 2012 12:14:28 -0800

This question is part law, part human relations. I need to know how to handle a situation when only one person wants to break out of a lease. Are they allowed to break out without the consent of the other lessees? And if not, should we let her? Details inside. Throwaway email: VaApartmentWoes@gmail.com

Here's the situation, I'm sorry it's long but it's causing me a lot of guilt and I need advice as to whether I should just swallow it or not. If you're here just to answer the question about lease breaking, then skip to the end, and it'll save you a bunch of drama.

Me, and my partner ("Ann") went into a lease with my sister ("Angela") and Angela's partner, "Liz". Angela and Liz had been rooming unofficially for a while, Liz staying over at Angela's place several nights a week, etc. So when my and Ann's lease ended, we decided it would a be a great idea to try and find a place together. So we did! The first few months were great. Then problems arose between Angela and Liz, and eventually lots of lies that Liz has told came to the surface, including lying to her parents about who Angela was. Not only that she was her partner, but how old she was, whether she smoked, how they met, if she had any tattoos, had ever dyed her hair. Lots of tiny little things were lied about, all without Angela's permission. Liz also lied about Ann and I. All without telling us until we're 5 seconds from meeting them [her parents], so we would have no real choice but to play along. Needless to say, none of us were very happy about this.

As time goes on, things get more and more strained between Liz and Angela, until my sister is miserable, and completely not acting affectionate or loving towards Liz. I could tell she just wasn't in love any more. Liz, in return, starts flinging wild accusations [seriously wild, with no basis. Like, along the lines of: She would snoop through things, find a piece of jewelry that she had never seen before, and accuse Angela of having a secret lover. (this exact situation never happened, but something very close to it did).]

This past week, there's been nothing but fighting, with Liz getting more and more petty, to where even Ann and I are just fed up with her. She's getting angry at everything, for no reason. She even starts attacking Ann and I behind our backs, over things that don't make any sense. It was her turn to buy some communal goods for the apartment, and after several weeks of her putting it off, Angela approached her about it. She flew off the handle, saying: "It's not fair for me to do it, it's not like I have loads of money. I don't have a stash of credit cards, like I'm sure they do." Well, no, Ann and I don't have any credit cards. We just budget well.

So, finally Angela and Liz break up. Thank god. Liz tried to hold it over Angela's head that she makes more money, so how is she going to afford it by herself? Etc, and through this ridiculous argument, it comes to light that Liz believes that she's not responsible for her share of the rent anymore. Angela informs her that no, she's still legally responsible. I think, oh no, there's going to be a battle over this.

So, this morning Liz comes to me, saying how she's got to move out, and she can't move back in with her parents. [They've discovered about the lies, and kind of disowned her for her sexuality. This is the part I feel the most guilt over.] She's looking for a new place, maybe out of state. She says she can't afford to pay rent here at this apartment, and there, wherever she's moving to. She says she'll forfeit her security deposit [which is good, because her two cats have already caused some minor damage to doors and things]. She then says that if she was moving out voluntarily, it would be different, but since she's being forced to move out, she doesn't feel she should have to pay her share of the rent any more. Now, to clarify: We never said she had to leave. We even offered to convert the library/den to another bedroom. She doesn't want that. She wants to go. She then states that she's going to go down to the office and get her name taken off the lease.

So, here's my guilt problem: I don't want to be the bad guy and tell her, no, you still have to pay rent even though you're leaving. I especially feel sorry for her, because of her crazy religious parents disowning her. That's happened to a couple of people really close to me. But, at the same time, I feel like she's a grown ass woman, and it's not really fair to make any of us absorb that rent, especially because right now, none of us can afford it. We also can't get another roommate. It would put us in financial instability to try and cover Liz's portion of the rent.

Here's the law part: Can one person, legally, in Virginia, break out of the lease without the consent of the other lessees? Wouldn't they technically have to void the entire lease, and then re-write another one with just us three up there? Or am I thinking about this the wrong way?

If it's legal for her to back out on her own, then I don't even have to worry about what to say to her. But if she can't, then how do I go about doing this?

We can't take it with us.

deludingmyself — Mon, 07 May 2012 17:06:40 -0800

Please teach me Apartment Showing 101 so that I can end my lease and move far, far away. We live on the top floor of a 1910-era house divided into 4 units in Oakland, CA. We're moving, but our lease isn't up yet, so to not be liable for the remaining 6 months, our landlord says we'll need to find a replacement party to sign a new lease*. Long story short, I'd like to clean the place up, take some pictures, and hold a showing by Memorial Day weekend with the hopes of having the place rented by July 1 (we're leaving end of June). I'm looking for best tips and ideas for what we should we do to maximize our chances of securing a renter - in Craigslist ads, photo taking, cleanup, packing and/or donating furniture either before or after the showing, etc.

Possibly relevant details:
- The house is old and in OK but not great repair, but boasts original windows, wood floors, and great architectural details & built-ins
- Our unit has a (Bay Area-rarity combo of) washer, dryer & dishwasher
- The location has a 97 on walkscore
- We've got a dog (he'll be out of the house for the showing)
- Our style (such as it is) is half a notch above grad student chiq

*It's possible there are legal avenues around this, but for now, we have the time & inclination to work with him on this front.

Should I sign a new lease or go month-to-month?

1UP — Wed, 04 Apr 2012 05:36:12 -0800

What are the benefits of renewing a lease versus going month-to-month? Location: Toronto. I've been in my current apartment for almost a year, and the landlord has given me the option of signing another lease or becoming a month-to-month tenant.

- My rent is not being raised either way.
- No desire to move any time soon.
- However, my job is currently less than totally stable and something bad happening is not out of the question.
- My partner and I are awesome, hassle-free tenants.
- Located in Toronto.

(My hesitance comes from being burned once before after going month-to-month: shortly afterwards the landlord gave us notice to leave, saying they were "renovating." They offered to rent the apartment to us after the work was finished... for $400 more.)

I need help weighing the risks and benefits of these options. Do people normally sign another lease if they intend to stay long term? Why should I not? Is there anything better about month-to-month other than flexibility? Thanks!

Home is where the heart is en route to

The Winsome Parker Lewis — Fri, 10 Feb 2012 11:47:41 -0800

How does one rent an apartment out-of-state, sight unseen, so it's ready to move in upon arrival? My wife and I are crawling through Craigslist for an apartment on the other side of the US. We've never done this before. What's the normal procedure for people in our position? How can we ensure that the apartment will be ours to claim and start moving in, the day we arrive with all our stuff? I'd hate to show up on the scene and find out that since we hadn't signed the lease in advance, the unit was rented to someone else (or some other unforeseeable disaster like that). How can we have some peace of mind that home will be waiting for us?

Also, how do we handle mail forwarding? I get that we should submit a change-of-address form with USPS before we move, but how can we make sure any mail sent while we travel will be deposited safely in the new mailbox before we get there?

Any other tips for making the move as smooth as possible would be really helpful too.

How should I handle this rent increase?

aiko — Fri, 20 Jan 2012 20:09:59 -0800

My NYC landlord offered a lease renewal on my rent-stabilized apartment, but with a rent adjustment that appears to be too high. It's a bit more complicated than that, though. My initial lease for the apartment ran from 08/15/2009 to 08/14/2011 at a rate of $1000. At the end of that term, I was never offered a lease renewal, and the bill that my landlord submitted for my rent in August, September, October, and November of 2011 was still $1000.

At the end of November, I received a bill for December rent in the amount of $1090 (rent of $1045 and an additional security deposit of $45). I was initially really surprised by this, but I would later figure out that this new rent figure had a 4.5% rent increase which, according to 2010 Apartment & Loft Order #42, would have actually been my rent had I been offered and signed a 2-year lease renewal that commenced on August 15, 2011.

Since my rent payments are sent automatically by my bank (and before the bill is supplied by my landlord, in order to ensure that they make it the landlord's office before the 1st of the next month), I called my landlord on November 28, 2011 to a) try to figure out my my lease situation actually was and b) tell them I would need to send an additional check if my rent had been raised intentionally. The lady who answered my phone call initially told me, in rather harsh terms, that I needed to pay the money immediately or they would take me to court (telling me, with palpable derision, "we'll see how much fun that will be for you"); after telling her that I wasn't looking to fight, but that I was just really confused because I had never received any notice that my rent was increasing, she told me that she'd consult her boss and call me back later.

After a few days of not hearing from anyone from my landlord's office, I had my bank send out an additional check for $90 and I hoped that this meant that I had a new, valid two-year lease.

I wasn't certain what my next rent bill would be, though, so I stopped my bank's automatic payments and waited to confirm that the next rent bill I'd received at the end of December would be for the expected new rate of $1045. The bill I actually received was for $910 (my normal rent minus the $90 additional payment I had made). I paid it and believed that -- since my base rent had been adjusted back to $1000 -- my landlord must have decided to follow the New York City Rent Stabilization Code and present me with a lease renewal offer after all (rather than just raise my rent without warning).

Well today (January 20th, 2012), I got my lease renewal offer. It's backdated to December 1, 2011 (although the envelope it was mailed in is postmarked January 19th, 2012). It states that my lease will expire on 2/29/2012 (although it actually expired on 8/14/2011) and that my new rent will be either $1037.50 for a one-year lease or $1072.50 for a two-year lease (which is based on the current guidelines in 2011 Apartment & Loft Order #43).

This didn't seem right to me, though, and upon looking through the DHCR website, I found reference to the New York City Rent Stabilization Code § 2523.5, which states: "(1) Where the owner fails to timely offer a renewal lease or rental agreement in accordance with subdivision (a) of this section, the one- or two-year lease term selected by the tenant shall commence at the tenant's option, either (i) on the date a renewal lease would have commenced had a timely offer been made, or (ii) on the first rent payment date occurring no less than 90 days after the date that the owner does offer the lease to the tenant. In either event, the effective date of the increased rent under the renewal lease shall commence on the first rent payment date occurring no less than 90 days after such offer is made by the owner, and the guidelines rate applicable shall be no greater than the rate in effect on the commencement date of the lease for which a timely offer should have been made."

Based on that (and the clarifying explanation DHCR provides in their Fact Sheet #4 - Lease Renewal in Rent Stabilized Apartments, it appears that there are three issues with the lease renewal offer I've received:

1. It was not provided at least 90 days prior to the first adjusted rent payment date.

2. Since my last lease expired in August 2011, the rent increase should have been based off the 2011 Apartment & Loft Order #42 (not #43), making the appropriate rents $1022.50 for a one-year lease or $1045.00 for a two-year lease.

3. I should have been offered the option to have my new lease backdated to August 15, 2011 rather than have to have a lease starting March 1, 2012 (this part might actually bother me the most, since I'd rather not sign a new lease that will expire in the middle of winter).

On the other hand:

1. Over the course of the lease, this higher adjusted rent rate (for a two-year lease) will cost me an additional $687.50.

2. Since my initial lease renewal wasn't ever offered, I'll actually have saved $337.50 between August 15, 2011 and February 28, 2012 that I would have otherwise spent on additional rent and security (which, while it's my landlord's fault for not giving me a renewal offer in the first place, I still consider as money that I've saved based on one error that can be viewed as at least partially offsetting what is now a second error).

3. My rent from August 15, 2013 to February 28, 2014 will actually now be lower than it would have been under the original circumstances (where my rent would be adjusted for that period based on what I assume would be the 2013 Apartment & Loft Order #44 (which will also further offset the additional cost I'll be initially paying from the wrongly adjusted rate on the current lease renewal offer).

4. Since I moved into my apartment during a time when the apartment market in Manhattan was down (or, at least, a bit down from usual), my apartment (while kind of... unpleasant) is still more desirable than what I would be able to find if I was forced to move.

5. I am, by nature, an anxious person who is easily intimidated. Even the thought of calling my landlord to inquire about this is nerve-wracking for me (especially considering how hostile they were in the prior phone call back in November 2011).

Should I pursue this or let it go? If I should pursue this, then how do you think that I should proceed (considering that the potential savings here don't seem high enough to even pay for a landlord-tenant lawyer)?
Also, if you've had similar problems and pursued them, how did it end?

My initial thought is to send back the lease renewal offer (by certified mail), accepting the terms that it states. Along with the signed lease renewal offer, I envision including a letter asking if the adjusted rent as detailed in the renewal offer is possibly incorrect based on an oversight as to when my lease actually expired (8/14/2011 rather than 2/29/2012). I don't imagine this would really work, but it does seem like an option that is unlikely to bite me in the ass.

Thank you for reading this. I really appreciate your time and am grateful for any thoughts you may be able to share.

Can I break my lease after fire from landlord negligence (more inside)?

kelechv — Sat, 05 Nov 2011 13:35:39 -0800

Landlord negligence caused a fire in the apartment below me, causing significant damage in my apartment; had to temporarily relocate. Looking to explore my legal options/rights/advice. My girlfriend and I live in a 90 year-old walkup building in downtown NYC. Last week in the mid-afternoon the management company performed renovations in the apartment below mine and started a fire. When the FDNY came to control it, they took some heavy axe action on my bedroom wall, ceiling, and floors. There is ash everywhere, and the smell is suffocating. Lots of clothes/shoes ruined or at least will be $100s in dry-cleaning (really we got lucky, this could have been way worse). We weren't notified when this happen, but when we both got home late after work (about 8 hours after fire) we had a Red Cross Disaster Services sticker on the door (they paid home a visit), then immediately called the super and he explained what happened.

Obviously we didn't sleep there. That night I emailed the management company requesting the lease break so I could start looking for new apartments. For work related reasons, I don't have time for this and just need a new stable situation. The next day they refused my request, but later I found out they hadn't yet come to the apartment to survey the damage. I was there the next day when they management company rep saw it and he was visibly stunned. They said they'd work through the weekend to try to fix all the damage and clean it up, so I'm out of state now at a relative's house. I took pictures of everything, emailed them to the landlord and the management company and requested a meeting next week. Also sent them a blog post which referenced their responsibility for starting the fire. There are a number of other issues with the apartment (roof leaks, cracks, bugs, etc), and really I'd just like to get the hell out regardless. My law friends said I have a good case with Constructive Eviction, but if they fix the damage then that won't hold.

What do you think the best course of action is here, given either the management company or a subcontractor of the company started the fire? And they haven't exactly been helpful (never offered any temporary relocation by landlord).

Can my apartment complex restrict my acces to cable Internet?

camdan — Wed, 26 Oct 2011 21:15:44 -0800

Can my apartment keep me from receiving cable Internet from a 3rd party, if I don't order the apartment's basic cable plan? They shut off my Internet today, can they do this? Here's the deal - I moved in 2.5 months ago. the complex offers their own cable package through Time-Warner, for $45 dollars a month. I signed the paperwork to turn it down, but told them I planned on getting cable Internet. They never said I couldn't, or that it wasn't an option (there is only one cable company in the area, and DSL is available as an alternative). So the cable guy comes, hooks everything up, I have the Internet only for $29.95 a month, through Time-Warner, which i've been paying, to them. Sounds peachy, right? Not do much... Yesterday as I'm leaving for work I see a letter taped to my door. it says I owe the complex $90 for 2 months cable, plus $140 in late fees; $50 in late fees on the first of the month, another 90 just a few days ago. Never before today have I gotten any notice from them that I owed them money for cable, much less a warning about late fees. So I went down to the office, they can't find the paperwork (of course, I still have my own copy), I tell them well I turned down your cable plan, but I have cable Internet. they say fine, I sign another form saying I don't want cable.
I get back from work and my cable access has been turned off. I call the cable company, they say there are no issues from their side, it was most likely shut off by the apartment, and I should talk to them to get it straightened out. at this point it's 6:30 pm. no one's in the office, of course, I left a message with maintenance that will be dealt with in the morning. i'm going to talk to them then, but as i have my iphone and am angry my question is:

does the apartment complex have a legal right to keep me from getting cable Internet if I refuse to sign up for their service? or am I legally allowed to get the same cable Internet anyone in a free standing dwelling is entitled to? I live in Nebraska if this at all helps the question.

what's with waiting 2 months, then giving me a huge bill with late fees, and then shutting off my Internet? is this a bait-and-switch tactic (in other words, don't tell them they can't get cable Internet, then wait a few months and say if you want it you have to pay these late fees), or just general administrative inneptness? And why shut off my Internet, right after I went in to talk with them?

Deliberately or otherwise, this person is lying about us

The Winsome Parker Lewis — Thu, 20 Oct 2011 20:22:38 -0800

What do you do with a passive-aggressive, anonymous busybody neighbor? My wife and I have an adorable puppy that, as of 24 hours ago, one of our neighbors seems to have become fixated on, in a bad way. This came out of nowhere and I don't know what to do with it.

We've lived in an apartment complex since April. Our unit has a little patio area with 5-foot walls around it. When the puppy needs to do her "business," she sits by the door and we let her out onto the patio. We'll keep an eye on her and let her in when she's ready; sometimes she likes to poke around and enjoy the weather so we'll let her stay for 10-15 minutes. Occasionally if she's ready to come back inside before we notice, she'll bark once to get our attention, and we open the door. She is generally very quiet. I clean up her messes outside every couple days.

Last night around 10:00 we let her out as usual. She had been outside for a few minutes when someone walked by, talking, on the sidewalk. She can't see over the wall but the noise surprised her and she started barking. She barked maybe six times times in quick succession before I was able to get to the door and bring her inside.

About a half hour later, we got a knock on the door. It was an apartment security guard. He said he'd received a noise complaint from someone, about a dog that "wouldn't stop barking." My wife and I were shocked and offended that someone would call and make a complaint after that little thing, which (contrary to the report) we'd stopped as soon as it started.

Today the apartment management left a strongly worded letter on our door. It included such phrases as "there have been some disturbances from your apartment," and "disorderly conduct will not be tolerated." I have no idea if this letter was prompted by the same call that dispatched the security guard last night, or a second call. The letter says "a dog was left out on the patio... dog was barking and disturbed neighbors" (emphasis mine). My wife and I are quiet, peaceful people. We don't want trouble with the apartment management, especially over such a massively exaggerated account of what happened. It was downright false.

I had hoped the letter from management was the end of this story, but I just returned from dinner to find a new letter attached to the front door. This one from the unidentified neighbors themselves. It's short, so I'm going to print it here:

Dear neighbor:

We've noticed you've been leaving your dog outside on your patio, with no access to get back in. This apartment complex doesn't allow that. It can be a nuisance to people around you and worse, as it gets colder, it is abusive and neglectful to your pet.

If you continue to leave your dog outside as we get into the fall and winter, we will contact animal protection services and the management office. If you love your dog, you will keep him or her inside.

Thank you.

I am really shaken up by this. Whoever wrote this is completely mistaken; we never "leave" the dog outside "with no access to get back in." We're here and watching the whole time. What we do is in fact completely permitted by the apartment complex.

My offense is compounded by the insinuation that we're abusive pet owners and the threats that follow it. Worst of all is the feeling that there's nothing we can do to prevent anonymous from following through on those threats, because our behavior is not going to (and shouldn't) change. I would confront this busybody directly but I don't have a clue who it is. I feel like we have no opportunity to defend ourselves. This is the first issue we've had in the six months we've lived here, and don't know if we're dealing with a longtime resident or someone who just moved in.

Sorry for the length. My question is this: How in the world can we deal with this person, and protect our dog — and lease — from this crap? From the tiny glimpse we've been given of our neighbor's personality, this "problem" that's been foisted on us is not going to go away on its own.

Can we find an NYC apartment?

Anonymous — Thu, 20 Oct 2011 15:34:41 -0800

We need to find a new NYC apartment. My husband's working and has good credit, but I'm unemployed and have terrible credit. We also have a cat. How screwed are we? We moved to New York in April and immediately found what turned out to be an illegal sublet. It was the first place we looked at. We didn't set out to do an illegal sublet--we just thought a sublet would be easier than a lease given my unemployment and credit situation.

Six months later, I'm still unemployed, and our sublet is up at the end of November. We're ready to move for many reasons, but I'm concerned about our ability to obtain a lease or even a legal sublet.

Relevant details:
--I'm out of work and have been for six months. Credit is TERRIBLE. I do have a small amount of income in unemployment benefits, and I paid the rent at our pre-NY apartment, so I can demonstrate a years-long history of paying rent on time.
--Husband has great credit and a stable, though not high-paying job.
--We have a cat. She is non-negotiable.
--Using the 40x rule gives us an $1800 rent budget, which is about what we're paying now (utilities included) in our sublet.
--We do not have anyone in the tri-state area who can co-sign for us.

We don't have the budget to pay a broker. So, hive mind, I turn to you: Tips? Tricks? Techniques? How do we find a lease or sublet in this situation?

Thanks!

How big of guns do I need to bring to this battle?

Anonymous — Mon, 12 Sep 2011 15:10:44 -0800

Roaches, how worried should I be? I saw my first roach in my new apartment :( Boo.

I've been in the apartment for almost 2 months and this is the first sign I've had of any roaches. I've been doing research since then, and I've notice a light amount of what look like coffee grounds and I assume are roach droppings on the counter and in the cabinet. I'm not happy, but I plan on putting down glue traps and roach motels. I have heard boric acid is the best stuff to use, but I have cats so I'm worried that cats and borax don't mix.

I'm unhappy, but not super stressed out or worried by the scenario. I live in the middle of the city, I understand this to be a fairly common problem and there are steps to take. Sadly my girlfriend is another issue. When I told her that I saw one, she up and left. She's been really unhappy about the whole situation and told me that she'd be really uncomfortable coming over until there is no risk of an sort of transference.

I'm curious if I really need to be so worried. She has essentially said I should consider breaking the lease over this and should resign all of my furniture to the dump when I leave. The fear from her is that they will follow me everywhere from now on. I'm not so extreme in my views yet, I fully understand it could spiral out of control and I could have a huge issue on my hands, BUT I don't think the evidence is there yet from just seeing one.

TLDR version; How worried do I need to be about seeing this one cockroach? Am I royally screwed over from now and forever because of this? Can anyone link me anything specific to either convince me or her as to the severity of this?

Financial ruin thanks to (possibly dangerous) ex-roommate

®@ — Sat, 16 Jul 2011 22:01:54 -0800

Renter's nightmare in LA: My friend went on vacation to Europe. Her roommate cashed the rent check and skipped town, friend is now getting evicted. Btw, deadbeat roommate still has the keys, collects guns, and has accused friend of being "out to get him." Advice? More details:

While she was gone, roommate cashed her check but did not pay the rent, then apparently skipped town : all his stuff is gone, the leasing office claims that he tries to turn in his key and pay a portion of the rent (less than what was in her check), they wouldn't accept either. In the meantime, he sent her rambling emails accusing her of creating a hostile living environment and stating that he was keeping her share of the rent money to cover his 'moving costs' (among other things).

Leasing office is now enacting eviction proceedings against friend. They refuse to take deadbeat roommate off the lease, or let her out of the lease (this also means the locks can't be changed, since it would lock out a tenet "on the lease"). She's a teacher, and had exactly enough money in her bank account to last until her first paycheck in September. Between the stolen money, paying the delinquent rent + penalty fees this month (including roommate's unpaid pet deposit), and next month's two-person rent, she will be completely broke by the 2nd of August.

Also her best friend just died, funeral is Tuesday. So she's pretty distraught on top of all this.

She's attempted to file a report with the police -- money aside, she doesn't feel safe in the apartment due to the roommate's erratic behavior-- but though they were sympathetic, they say at this stage it's a civil matter until he actually makes a direct threat. Unfortunately, his rambling emails muddy the situation enough that at this point (legally speaking) it's a he-said-she-said regarding money. The detective did mention that the "two people on a lease" situation is extremely curious, and it's even odder than the rental company refused any sort of partial payment.

Does anyone know about LA renter's rights, and have any advice? From her contact with the leasing office, it seems like they're happy to hang this all on her: they don't want to "get involved" in a "personal dispute," and don't seem at all concerned that one of their tenets skipped out on rent and the other is trying to do what she can to make things right.

Current status: She's crashing at my place tonight in case the roommate shows up with any part of his gun collection, and we'll be trying to figure out the next step tomorrow. Sans advice, first priority will be looking up CA renters' law online, then going over her lease again, then figuring out the financials and re-documenting chain of events in a formal manner (mostly done now but kind of a mess).

I know this is likely a weird edge case in the very large "deadbeat roommate" category, but any advice or insights would be invaluable.

Advice for screening a foreign renter

pithy comment — Tue, 08 Mar 2011 21:10:19 -0800

I own a condo in northern Virginia that I have been renting out for a few years and I have an applicant to move in...from overseas. He is post-doc at a government agency that has a two year appointment. What kinds of information should I gather to screen him as a tenant? And how do I deal with the broken lease from the previous tenant? This applicant is living with his supervisor and I have been speaking with that man's wife to facilitate the language difficulties. The applicant understands and writes English but doesn't speak that well yet. Interestingly a friend of mine also works in the same department so they can vouch that the applicant is employed etc.

I imagine it will be near impossible to check rental or employment history. Are there other things I need to consider with a foreign tenant?

A side question: my current tenant is breaking his lease because he lost his job. The lease has a section on "breach of lease" but that is more like violating a rule. Can I keep the security deposit since he is moving out early? He notified me of the early move-out and is helping me to show the apartment to new tenants.

Help me break my lease..

duddes02 — Tue, 08 Mar 2011 16:28:07 -0800

I'd like to get out of my lease and it's a bit complicated. Explanation inside.. I would like to approach my landlord and ask if I can break ad reassign my lease.

Here are the details:

- The lease is under my name only.
- I have been in my apartment for 3+ years
-The lease ends July 31, 2011
-I am currently subletting my room and I live with my boyfriend
- It is a four bedroom apartment and i have 3 roommates and 1 subletter.
- The roommates and subletters are listed as occupants.
-The management company is not aware that I don't live there full time.
-I "inherited" the lease. Basically-I was living there as an occupant and the leaseholder wanted to move. When the lease expired-I asked if I could take it over. They let me do it without bothering to check my income...etc. The building manager who processed it is no longer there. From what I understand (from the current building manager) he should have asked me to full income/asset information.
-2 of my roommates and the subletter (3 out of 4 of the current individuals) want to renew the lease in August.
-They don't qualify for the rent technically but they can find a guarantor (the building needs the monthly rent x 40 as income combined)

I'd like to approach the building management and ask if I can assign the lease now but I"m worried about the repercussions. They technically can't prove that I don't live there full time (I still get mail there, my paychecks have the address..etc) but I'm worried that I will open a can of worms and that they will start to investigate why 5 people live in a 4 bedroom apartment.

I'm also worried that they will allow me to break my lease-but that they won't let the roommates take it over. They can probably put the apartment on the market for $500 more a month.

I'd like to get out of the lease-I'm tired of having to deal with collecting late rent, making sure the apartment is well maintained, dealing with the dishwasher breaking..etc.. However, I do not want to screw my roommates-I want to get out AND have them live there still.

I keep analyzing "what's the worse that can happen" and I keep coming up with visions of the roommates being homeless because I approached the building about possibly breaking the lease.

Suggestions? Have you ever been in this situation?

What to do about a leaky apartment?

Saminal — Fri, 14 Jan 2011 17:43:52 -0800

Can we get any sort of help moving if our apartment essentially kicks us out to make repairs? One Sept. 19th last year we noticed the laminate flooring in our new apartment was warping from water damage. Apartment replaced the floor. A month later, same story. This time they also tore up the pantry and "fixed the leak".

The leak is still happening and we've finally just had them take up the floors and LEAVE them as concrete this time so we'd be aware of any water right away rather than waiting until the floor started to bubble. Mold is growing in the pantry, which is still missing all dry wall. The floor is covered in water each morning coming from another direction entirely.

Today they finally got a third party out to look at it. Afterwards they called my husband and said, "It's extensive and will take a lot to fix. So you guys can move to another unit or we'll release you from your lease."

But we have to have a first floor unit and they have none available. They have some smaller units on the third floor.

We're at a loss. We've only been here 5 months out of our 6 month lease. We don't want to/can't really afford to just MOVE right now. Do we have any ground to insist they compensate us somewhat to help us more? Or give us a larger first floor unit for the same price?

We just got the news and aren't sure how to proceed from here.

Signing a Lease - is this normal?

seesom — Sat, 04 Dec 2010 08:41:34 -0800

I'm about to sign a lease, but am questioning some of the lease terms. Are these provisions normal? I am about to sign a 1 year lease. The lease agreement is with the owners of a condo. In the past I have lived with roommates and usually did not need to sign a lease. I am particularly interested in hearing from any landlords out there.

There are three specific parts that I am questioning:

1. If the lease is broken, I would need to pay the remaining balance for the rest of the entire lease term. I though 2 months was the standard.

2. There is a part that says "During the Term of this Lease or after its termination, the Landlord may charge the Tenant or make deductions from the Security Deposit for any or all of the following:
a. ...
h. The cost of extermination where the Tenant or the Tenant’s guests have brought or allowed insects into the Premises or building;
How would they know if it was me who allow in insects? What if they are already in the building, I don't think I should be responsible to pay for those extermination fees.

3. Maintenance Costs There is a part that says " ... major maintenance and repair of the Premises involving anticipated or actual costs in excess of $100.00 per incident not due to the Tenant’s misuse, waste, or neglect or that of the Tenant’s employee, family, agent, or visitor, will be the responsibility of the Landlord..."

Overall I really like the place, and I don't see these things as dealbreakers; however, since there is a large security deposit involved, I would like to feel comfortable that the landlords will be ethical about 1. returning the security deposit; and 2. maintaining the apartment while I am living there.

Thanks.

House Rent Boggle

Eideteker — Tue, 26 Oct 2010 11:22:58 -0800

What do I need to know about signing a lease in Manhattan? I just got the call an hour ago that I have been approved to move in to an apartment in NYC. It's not my first lease, but it's my first lease in Manhattan. What sorts of things should I be aware of at lease signing? I plan to read everything, but what in specific should I pay attention to? What questions should I ask? What are my rights?

A few things: The apartment was undergoing renovations when I saw it. Neither the stove nor the refrigerator was installed. How can I make sure that they are satisfactorily installed?
Also, I asked for a Nov. 15th move-in date on the application. I'm sure they would prefer me to move in on the 1st. Is there any way I can request the 15th (other than "ask really nicely")?

I'm signing the lease tonight! Yikes!