Renting an apartment post-divorce? Three things that should be included in the lease.

So the divorce is final, the house has been sold and you are about to lease an apartment.  Here are three things that should be included in the lease:

 1.      The term of the lease.  If no length of time is stated, the lease is considered to be “month to month” and either the landlord or the tenant may terminate it on 30 days notice to the other.  If a lease simply states the premises to be occupied, the name of the tenant, the amount of rent and when due but does not set forth a set term (for example six months as the term of the lease) the lease is a “month-to-month.”

 2.      Certain terms are important to the tenant and should be included in any lease:

a.     The option to option to renew the lease for a specified period of time;

b.    The right to receive written notice of a default (failure to follow the terms of the lease by the tenant, such as non-payment of rent) with the right to cure (“fix”) the alleged default so that the tenant is back in good standing.

c.     A clear statement of  the number of people allowed to reside in the leased premises

 3.  It is important that the tenant be allowed to inspect the premises before signing the lease and having any problems fixed BEFORE moving in (leases often refer to this as taking possession” and if the circumstances are such that the premises are livable but repairs cannot be made before taking possession, the lease should state a specific date by which the repairs are to be completed and if the repairs are not completed by that date, that the lease is null and void as of the date and Lessee may move out of the premises with no further responsibility to pay rent or any other costs associated with the leased premises AND that any security deposit be returned within thirty (30) days of vacating the leased premises under the circumstances of promised repairs being made.

Information for this article was provided by Alan B. Weber, Attorney at Law.  Alan has many years of experience with residential and commercial leasing and he may be reached at (314) 854-1358.

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