Tips before signing the lease

• Speak to current tenants who rent the unit you will be renting.
• Speak to other tenants within the building.
• Ask those tenants the following questions (preferably when the landlord/lady is not present):
  • Does the landlord/lady respect your privacy - meaning do they give advance notice before entering?
  • Was the apartment/house clean when you moved in?
  • Does the landlord/lady respond to requests/concerns/repairs in a timely fashion?
  • Did you have any problems with the rental unit and/or property owner?

Lease Information

• Once you sign a lease you cannot break it.
• Make sure all agreements you make with the landlord are in writing on the lease. If not, don't expect it to happen.
• You and the landlord/lady can change the lease - you both need to initial it after the change.
• Make sure you get a copy of the signed, adjusted lease and that you make a copy for each tenant on the lease.
• Make sure all numbers add up (for example, if the lease begins mid month, does the total rent equal all payments)
• If furniture is included, is it listed in the lease? How much should I expect to pay when I sign a lease?
• Each landlord/lady has a different process. Generally, you can expect to pay upfront, first month's rent, last month's rent and security deposit (which is usually equal to one month's rent)
• Some landlord/lady have you pay all summer months in advance. For example, if your lease begins in August, you may have to pay first months rent (August), security deposit and last 2 months rent (June and July)
• Some property owners have you pay per semester. Other property owners have you pay on a payment plan that is broken up to 3-4 payments that usually end partway through your lease.

Security Deposit Information

• Security deposit should be deposited in a separate account from the landlords/lady.
• If there are 6 or more units at the property (for example 7 apartments in the building), by law, the landlord/lady must deposit your money in an interest bearing account. The tenant is due the interest earned minus 1% of the deposit. For example, if you earn 2% interest totaling $50 and your rent is $400, you are due $50 minus $4 ($400 x 1%). The landlord/lady receives 1% as an administrative fee.
• If you are renting in the City of Ithaca, by law, the landlord/lady must return or give you written notification of why it is not being returned within 30 days after the lease ends (not 30 days after you move out)
• If you live with several people, is your deposit being returned to one of you in one lump sum? - best to receive equal and separate amounts.
• When you move in, you should do a written inspection of the premises and send to the landlord/lady a copy of your inspection sheet after it is completed (this should be completed within a few days of move-in). On that sheet, you should include any marks on the walls, spots on the rugs, floors, counter tops, if the unit was clean or dirty when you moved in, condition of the furniture. This will protect your security deposit so when you move out, if the landlord/lady charges you for some damage and it was on your move-in inspection sheet, you will have proof.

Jointly and Severally (or Individually) Bound means that all parties that sign the lease are equally responsible for the entire rent as well as individually. For example, Bob, Mary and Josh all live together and the rent is $1800 a month ($600 per person). Bob decides not to return to Cornell in the fall. Mary and Josh are legally responsible for the $1800 and the landlord/lady has the right to pursue the rent from them. Although Bob is responsible for his share, the property owner will pursue the tenants living in the unit as they are easier to pursue. Josh and Mary can then sue Bob for his portion of the rent if he does not pay, but they need to sue Bob where he currently lives.

Length of Lease

• Is the lease for 12 months? Most of the units are in this community.
• If it is for 12 months, will you be here in the summer?
• Does your lease give you permission to sublet?
• If your lease begins in June, and you sublet, who will do the move-in inspection? You are responsible for the actions of your sublettors. Therefore, if your sublettor destroys the apartment/unit, you will be held responsible by your landlord/lady.
• If your lease begins in August, and you sublet at the end of your lease for the months June-August, will your sublettor leave the unit in clean condition?
• The Housing & Dining Office has sample sublease agreements. You should also ask for a security deposit from your sublettor.
• Remember, you will not receive full rent from your sublettors. You need to weigh the pros and cons of subletting.
• Part of renting off-campus is the cost of a 12 month lease Utilities:
  • Who pays for utilities? Who controls the heat? Do you have a thermostat in your unit that you can control?
  • If you pay for your heat, have you checked with NYSEG (the gas/electric company) for an average cost per month? If you call them, they can give you a monthly cost based on previous usage (previous tenants can be conservative with heat, or may like to crank it up, and/or the heating season was more mild than usual). Remember, Ithaca has a long heating season! Talk to the utility company about their budget plan. Information on NYSEG is available in our office.
    
  • Are there extra costs associated with garbage/trash and recycling?  What are the procedures for the unit you are renting?

Entering the Unit

• Does the landlord/lady give you advance notice before entering?
• If lease states, "Landlord/lady may enter at reasonable time", get reasonable time defined.
  

Renters Insurance

• Important to get your own renters insurance or see if you are still covered under a parent's home owners insurance plan. If a fire or robbery occurs in your unit, the property owner is NOT responsible for your personal belongings.
  
• Information on renters insurance is available in the Housing & Dining Office
  

Parking

• Will you have a car? What is the parking situation where you will live? How much is the parking fees? Where is the parking lot?
  

Danger Clauses in a LeaseLeases are legal documents concerning the rental of property. They are binding agreements which you cannot cancel after it is signed. Certain lease clauses can cause problems if enforced word for word. You should be cautious about signing; attempt to renegotiate the terms, or at least ask for an explanation if any of these or similar provisions appear in your lease. Look for and recognize these ''danger clauses'' and have them removed or altered, if possible:

The landlord:

• Is not liable for repairs
  
• Is permitted to cancel the lease if the property is sold
  
• Has the right to enter your residence at any time, even when it's not an emergency
  
• May show the premises to prospective buyers or renters at any time, rather than a specific time and/or advance notice * Has the right to cancel the lease if "your behavior is immoral"
  

The tenant:

• Accepts the premises in ''as is'' condition at signing
  
• Agrees no one else will live with you
  
• Is forbidden to have overnight guests
  
• Agrees to extra, unspecified rent or other unknown charges
  
• Agrees to obey rules not in the lease
  
• Loses their tenancy if gone for any length of time
  
• Waives their right to sue
  
• Agrees that improvements belong to the landlord
  

These lease provisions are ILLEGAL in NY State:

• Landlord is never liable if tenant is injured or sustains property damage.
  
• A clause waiving the Warranty of Habitability (is a guarantee that the premises being rented is in safe and habitable condition and will remain in that condition during the rental period)
  
• Waiver of your right to a jury trial
  
• If a lease gives the landlord the right to collect atty. fees if he wins in a lawsuit, you are also entitled to collect atty. fees if you win
  
• Waiving your right to sublet
  
• Waiving your right to form or join a tenant's organization.
  

After reading the entire lease, you should discuss with the landlord clauses you want removed, altered or included. For example, if you expect the landlord to paint the apartment before you move in, be sure such a clause is in the lease. All agreed changes should be in writing and initialed by both you and your landlord on all copies. Each person signing the lease should keep a copy.

Other precautions concerning leases

• If there are rules or other provisions from another document included as part of the lease, know what these are and keep a copy
• Don't assume a landlord will not enforce all the lease provisions
  
• Be aware that oral additions to a written lease are generally not binding
  
• Find out the approximate cost of utilities for which you pay - heat, electricity, gas, cable, internet, phone, water, sewer, garbage - NYSEG can give you very specific information
  

What Provisions Your Lease Should IncludeA lease is one of the most important documents a tenant signs, but probably the least read or understood. A tenants happiness and satisfaction is dependent upon their rental housing situation and the lease they sign. The lease, a legal document, spells out both the tenants' and landlords' rights and responsibilities. Many tenants do not take the time to read the lease or may not understand the terms and conditions. A lawyer should be consulted if any terms or provisions are in question or speak to the Housing & Dining Office for clarification.

The following list includes the obvious and the not-so-obvious terms a lease should contain:

• The date of the signing
  
• The complete names of the landlord and the tenant(s)
  
• The location of the rental unit, including the apartment identification
• Length of the lease term, including both the beginning and ending dates
  
• The rent:
  
• • The amount
    
  • When and where it's due
    
  • The penalty for any late payment of rent
    
  • What utilities, if any, are included in the rent price
    
  • Any extra charges that may be incurred (i.e. parking, storage)
    
  • Who pays for repairs and maintenance; what if damage is a result of negligence?
    
• Deposits:
• • The amount
  • What it covers
    
  • When will it be returned?
    
  • The conditions for refund
    
  • The provision for payment of interest Provisions for subletting
    
• Are multiple lessees jointly or separately obligated? (If tenants are "jointly or severally" responsible for payment of rent, any one person may be responsible for the total rent)
  
• When will the landlord enter the unit?
  
• Rules such as pets and guests, including a full description of pets allowed
  
• Limit on number of occupants, if any
  
• Special equipment allowed, such as musical instruments, boats or snowmobiles
  
• Furnished or unfurnished?  If furnished, lease should list everything provided; tenants should check the list to avoid hard feelings and accusations later
  
• Note condition of items in writing for both landlord and tenant
• Which, if any, items in a furnished apartment belong to the current occupants
• Renewal option available? Provisions for termination of lease before term ends:
  
• • Military clause
  • Employment clause
    
  • Damage to building
    
  • Non-payment of rent
    

CHANGES IN A LEASE SHOULD BE INITIALED ON ALL COPIES AND EACH PARTY SHOULD RECEIVE A FINAL COPY OF THE LEASE