What You Should Know About Memphis Apartment Leasing
Mar 1st, 2008 by Memphis Apartments
A lease is an agreement between a Memphis apartment landlord and tenant that legally binds the two. That is, both have to do whatever is agreed upon by the parties. Leases cover a period of time such as thirty days or five years and some longer. It can be either verbal or written. While many states, Tennessee is one of them, allow verbal agreements, it is best that you get it in writing. It is best to have a legal document signed by the landlord and tenant for the protection of both parties in case of a court dispute.
Short term Memphis apartment leases such as a month to month agreement should also be put into writing. It renews every month until one of parties terminate it. The downside of these short term leases is that the rent can go up in a month or you may have to move unexpectedly. Should you enter in a short term lease, make sure your contract contains how much notice must be given when a tenant must move out.
Memphis apartment leases state the tenant’s and the landlord’s responsibilities. At the minimum, the document must contain your name and your landlord, the address of the premises in question, the amount of rent and when rent payments are due. Some also state the amount of security deposit, utilities payments, allowable number of tenants in the particular unit, the landlord’s rights to access the Memphis apartment, and whether the tenant is allowed to sublet, paint, and alter the apartment.
Some Memphis apartment landlords include clauses that can put a tenant at an extreme disadvantage. Some clauses to avoid in a document are:
1.) Those that limit the landlord’s liability in the event of an accident or damage to the premises not caused by the tenant,
2.) Those that waive your right to legal notices,
3.) Those that forces a tenant to pay maintenance and repair of the Memphis apartment unit,
4.) Those that waive your right to defend yourself against eviction proceedings,
5.) Those that permit the landlord to increase rent in case his expenses go up, and
6.) Those that allow the landlord to enter the Memphis apartment anytime, with or without your permission.
These clauses restrict your rights as a tenant. Some of these clauses are illegal and are not recognized in most courts. Should you encounter these clauses, refuse to sign the document and negotiate. Check the Tennessee state laws on landlord-tenant regulations.
As with any document that requires your signature, you should read and understand every word and clause of the document before you finally sign it. Ask questions if there are clauses that are questionable or vague. Otherwise, you will be in a position that is not amenable to you or will put you at a disadvantage should a legal dispute arise.