Ten Worst Lease Terms Found in Many Denton Apartment Leases
Read the following to learn about lease provisions that can cost you a lot of time and money:
- The tenant/student is jointly and severally liable (as well as the student’s guarantor) to the landlord for any damage done to the apartment, even if the damage is done by a roommate or a guest without the student’s knowledge or the student being at fault. The tenant/student promises to hold the landlord harmless and indemnify the landlord for any claims made against the landlord. In other words, if a guest in the apartment gets injured and sues the landlord, the landlord can sue the tenant/student (as well as the student’s guarantor) for any landlord liability to the guest and for the cost of defending the lawsuit.
- Notice provision that requires the tenant/student to provide timely notice that the tenant/student is vacating the apartment at the end of the lease in order to avoid the lease being automatically renewed with the tenant/student being potentially liable to pay rent for an entire new lease period.
- When the landlord requires a lease to be signed in order to apply for a lease, but denies the tenant/student the right to move in should the tenant/student fail to qualify to become a tenant. Then, the landlord tries to collect rent for the entire lease, even though the landlord refuses to allow the student to move into an apartment.
- Paying a re-letting fee is not a release, so if tenant/student leaves before the lease is up, but provides a replacement tenant, the tenant/student is still liable on the lease should the replacement tenant violate it (such as not paying rent).
- Failure to pay the first month’s rent on time, even if it is due before the tenant/student moves in, accelerates all rent payments to be due immediately.
- The landlord is allowed to get attorney’s fees in a lawsuit against the tenant/student, but the tenant/student waives any right to claim attorney’s fees in a lawsuit against the landlord.
- Lease addendums and provisions that set out apartment rules and conditions that the tenant/student must follow, but that the landlord is not required to enforce against other tenants who violate the rules to the detriment of the tenant/student.
- The tenant/student agrees that any violation of the lease by the tenant/student allows the landlord to report the tenant/student to credit reporting agencies without first obtaining a court judgment against the tenant/student.
- The landlord can force the tenant/student to move to another apartment in the complex on short notice, but that the tenant/student must request a transfer (which can be denied) and pay a transfer fee to move to another apartment in the complex.
- The tenant/student is not released from liability for the payment of rent for the remainder of the lease, even if the tenant/student dies!
Read a lease carefully before you sign it and beware of signing a lease with provisions that are on the 10 worst terms list. You should consult an attorney before signing.