Need help understanding rental lease agreement

[BlueTaelon]

My brain is not on yet but I just got the revamped lease for the house we want and there is a new section added that my brain won't translate for me and I get the feeling its important.

 

ORDINANCES & STATUTES Tenant shall comply with all statutes, ordinances and requirements of all municipal,state and federal authorities now in force, of which may hereafter be in force pertaining to the use of the premises.

 

I think it just means I won't be doing illegal stuff but is there something I need to look into? House is 108 years old and in fair condition for its age. (is there a chart that breaks down how to figure out condition rating of old homes?)

 

 

 

Tenant is responsible for minor repairs such as light switches, replacing light bulbs, doorknobs, broken windows, leaking faucets, minor toilet problems,

etc. Repairs resulting less than $100.00 shall be deemed minor repairs. Should Tenant neglect maintenance responsibilities, Owner or agent may assume them on Tenant's behalf and any expenses incurred by Owner in connection therewith shall be additional rent (added rent), payable to Owner on demand.

 

I think he may have forgotten to take this part out as we discussed it last night, is this a normal thing? Replacing light bulbs I get but the rest should be their responsibility imo. Actually in another part of the lease it specifies I am responsible for plunging the toilet as needed lol, he said they had someone before that would ask them to come out to plunge the toilet or change light bulbs. I have no idea how to do the rest, its always been the owners responsibility.

[TravelingChris]

When we rented a house a few years ago, the house was being rented out by the daughter of the owners and while she had a realtor's license, she was not familiar with being a landlord.  The first lease they proposed had a clause about how we would pay for repairs under a 100 dollars and we rejected that.  AS my dh explained to her, as owners of the property, you really want to protect your investment and not have tenants deciding to potentially do half baked jobs on the cheap because of your disincentive.  As it was, we never called for a repair that ended up being less than 100.  We did and would routinely do such things like fix leaky faucets (if all it was is changing the washer) and other such very minor repairs.  But when we had a major leak, we called the plumber and they paid us back.

[gardenmom5]

it sounds like he's pushing things that should be the owner's responsibility on to you.  

 

electrical switches/outlets require skill.  leaky faucets "might" only be a valve/filter at the end of the faucet, but it could also be more serious.  that he is requiring the renter to pay for things up to $100 is not good. (he didn't say $100 total - just individual repairs of less than $100) how many repairs in a month would you have to pay for?  if each repair is listed separately, you could end up paying to upgrade his rental house for him. 

check the wiring/switches and see if they are up to code.  some municipalities require rentals be upgraded.

[saw]

I think the $100 requirement should be reflected in the rental price -- if you have to take on this burden, the price should be lower than the rental for a place where the owner assumes responsibility for these repairs. If you're quite handy with DIY this could be an advantage for you, as you can negotiate a lower rental price while still knowing that you're not going to be out of pocket for minor repairs.

For the other requirement, about staying in compliance with statutes, etc, I think that could also include things like having working smoke detectors etc.

[Annie G]

We live in an old house and those small expenses can be due to either ordinary wear and tear, previous neglect, or due to tenant error. If your kid clogs the toilet with a shoe and half a roll of tp, I would expect you to pay for the repair. But a toilet can malfunction just due to age- and a faucet leak is often not caused by anything other than age. 

 

I wouldn't like that provision- in an old house, those small expenses can pop up fairly frequently and the cost to repair them adds up quickly. If you break a window, it's reasonable for you to repair it.  But most things are the responsibility of the owner- I wouldn't want a lease that requires me to pay for repairs not caused by negligence. 

 

 

[LMA]

If you are not sure about the lease, see an attorney.

 

What if you have 6 "minor" repairs in one month. That's $600 out of your pocket. And how is the $100 calculated? For example, you call a plumber to fix a leaky faucet and it costs you $150. However, the landlord may say that it would have cost less than $100 if you did it yourself. Also, do the costs of these repairs count toward credit of your rent?

 

It is the responsibility of the landlord to maintain and repair the unit. If something occurs that is your own fault, you are responsible for fixing that thing only, not the entire unit. For example, your child breaks a window. That you repair. However, if a window falls apart due to wear and tear and age, you are not responsible for fixing that.

 

[BlueTaelon]

I think the $100 requirement should be reflected in the rental price -- if you have to take on this burden, the price should be lower than the rental for a place where the owner assumes responsibility for these repairs. If you're quite handy with DIY this could be an advantage for you, as you can negotiate a lower rental price while still knowing that you're not going to be out of pocket for minor repairs.

For the other requirement, about staying in compliance with statutes, etc, I think that could also include things like having working smoke detectors etc.

Thats part of the problem, I'm not a handy DIY when it comes to repairs, thats the 1 thing I like about renting, someone else can do it:)

[BlueTaelon]

If you are not sure about the lease, see an attorney.

 

What if you have 6 "minor" repairs in one month. That's $600 out of your pocket. And how is the $100 calculated? For example, you call a plumber to fix a leaky faucet and it costs you $150. However, the landlord may say that it would have cost less than $100 if you did it yourself. Also, do the costs of these repairs count toward credit of your rent?

 

It is the responsibility of the landlord to maintain and repair the unit. If something occurs that is your own fault, you are responsible for fixing that thing only, not the entire unit. For example, your child breaks a window. That you repair. However, if a window falls apart due to wear and tear and age, you are not responsible for fixing that.

Thats my fear, it could add up really fast and no they don't count toward the rent. Last night when we spoke he agreed to remove it but it was in the copy I got this morning. Its my last major issue with the lease. I just emailed him back about it and a few minor points like needing to include the oil level in the heating system. I won't be using it and the tank is empty I think, they could claim I used all the oil if its not documented.

[Guest inoubliable]

I'd bail.

 

[bettyandbob]

The ordinances and statutes is something that can come up if you

1. Run a business from the home, whether you are an accountant, in home child are provider, or a massage therapist, there will be rules that apply.

 

2. Acquire pets. Some jurisdiction do not allow certain types of dogs or a certain number at once. Some jurisdictions o not allow exotic (you need to know their definition ) or farm animals.

 

3. There may be ordinances about what you can have in a front or side yard. There are places near me that do not allow treehouses in front yards or side yards on corner lots. I think the ordinance applies to other structures as well.

 

I'd be afraid of the repairs clause.

[BlueTaelon]

I'd bail.

I was going to but they agreed to make drastic changes to the lease after a long discussion. I've been looking for months, its a small town with not a lot of rentals. I want to stay in the area and time to be picky is long gone, especially with snow coming. I like the house, I just didn't like the terms and they seem willing to change them, it could have been a mistake, I would like to give him the benefit of the doubt. He's basically rewritten the entire lease based on our discussion.

[zoobie]

You can strike it from the contract (big black x through the numbered item), then initial and date beside the change. Make a copy for yourself before returning. Then the ball is in his court whether to agree and sign or not.

 

It's like any other housing contract--he is presenting you with an offer. You can counter his offer or accept his offer as presented.

 

The ordinances provision is fairly normal. If you rack up a bunch of code violations (noise citations, open a brothel, etc.), he can use that to evict you.

 

That's just layperson advice. You can ask a real estate attorney to give it a read through if you are concerned.

[Tammi K]

We have clauses very similar to both of those in our contracts. We are always responsive with major repairs, fixing them in a timely manner, but small issues like leaky faucets, furnace filters, lightbulbs, etc fall to the tenant to replace.  Of course, it is expected that all of those issues are resolved before a new tenant takes possession of the property.   We've never had a tenant refuse to rent from us because of it so I assume it isn't too outlandish a request.

[Um_2_4]

Ours typically state" tenant responsible for any repair due to negligence or misuse" (ie toddler throwing toy in the toilet and stops it up). And I agree about the electrician thing. Many areas ANY thing electricity related is only done by an electrician. Which any house call is $200+.