Continued from page 1
If you agree to lease
unit only in
event that
landlord or management company replaces
unit's carpeting, fixes
bathroom sink, allows your pet to live with you, includes a washer and dryer as part of
deal or other conditions, again, get it in writing with
date of signature. If
landlord refuses to put your verbal agreement in writing or claims a sudden attack of carpal tunnel syndrome which prevents him from writing,
red flag should be raised in your mind. Take your business elsewhere.
If it's too late -- you moved into your unit without getting verbal agreements in writing, and now you find yourself making repeated requests for maintenance or other repairs that are never performed -- many real estate law experts agree that threatening to withhold payment on your rent isn't a good idea. There's a good chance your landlord will win in court if you withhold payment without a signed agreement preserving your right to do so. In addition to facing stiff monetary penalties, you could find yourself evicted from your apartment and out on
street. In fact,
State Bar of Texas states that tenants who use their deposits as rent when their leases did not state they could do so can face monetary penalties of up to three times
amount of rent they withheld.
According to
terms of
law, a tenant only has a leg to stand on when he or she withholds rent under three conditions: if
tenant first received a court order allowing him or her to withhold rent if
landlord didn't perform agreed-upon repairs or meet various conditions; if
tenant made repairs in his or her own unit and paid for them out of pocket, if
landlord was aware of and approved those repairs and
lease clearly stated that deductions in rent could be made under those circumstances; and if you have legally terminated your lease because your landlord or apartment management company broke
terms of your written lease agreement with respect to his or her responsibility for repairs, or if your utilities have been cut off unlawfully. The moral of
story? Tread lightly.
All of these warnings aren't to portray
image of landlords and apartment management companies as scheming individuals. The situation is quite
contrary in today's rental climate, major apartment leasing companies have grown and prospered around
country. The renters' market is extremely competitive, and such companies vie for prospective tenants with
promise of good amenities and good service. Sometimes these hassles simply amount to misunderstanding and miscommunication. Your best bet is to shop around, find a landlord or company-run complex with which you feel comfortable, to ask plenty of questions, read everything twice, and get every promise in writing. Don't be afraid of seeming nit-picky. If they want your business, they'll comply -- with a smile. Happy hunting.

Since 1989 dan the roommate man has helped 1000's of people find roommates. Need help? Contact him at 800-487-8050 or www.roommateexpress.com