General Lease Information | Terms to Be Familiar With | Clauses to Watch For | Typical Lease Provisions | Termination of a Lease | Legal Aid | Security Deposits General Lease Information Although rare, oral leases are legally acceptable in Charleston. For your protection, always ask for a written lease. A written lease protects both you and the landlord. READ the lease carefully, and if there are any terms you do not understand, ask the landlord. Any changes that need to be made should appear in the lease before it is signed. What to look for in a lease: Financial Arrangements - A statement of the amount of the rent, security deposit and refund terms. Terms - Length of time you agree to rent. Rules and Regulations - Permission to make changes; agreement to return the unit in good condition. Occupancy - How many people are allowed to live in the unit? Pets - If allowed, are there any restrictions or additional fees. Subletting or Transferring - Whether or not they are permitted, and, if so, must the landlord give written consent? Special Conditions - Rules the tenant must meet during occupancy. Insurance - Whether or not the landlords carry insurance on tenant’s personal belongings. BEFORE YOU SIGN A LEASE, MAKE SURE YOU KNOW WHAT YOU ARE SIGNING. YOUR SIGNATURE IS BINDING. AFTER SIGNING A LEASE BE SURE TO GET A COPY OF THE SIGNED LEASE AND KEEP IT IN A SAFE PLACE! top Important Lease Information Terms to Be Familiar With Tenancy - created when a person signs a lease for any specified period of time. This lease hold comes about only by an agreement between the landlord and the tenant. Periodic Tenancy - occurs when a party to a lease agrees to the rental, but they do not establish a specific duration. This agreement will continue automatically from period to period until one party notifies the other. Tenancy at Sufferance - occurs when a tenant who was originally in lawful possession of the premises under a prior lease does not vacate at the end of their term. If the tenant presents the landlord with a monthly rental payment, the landlord has the option to accept the payment and in effect reestablish the original lease. A tenant should be cautious not to commit himself to another year term by holding over an extra month. Covenants - basic duties and obligations of the parties to a lease.They are the contractual elements of the lease, and as such, can be expressed within the provisions of the lease or implied as a matter of the law. top Important Lease Information Clauses to Watch For • The tenant agrees that the premises are acceptable "as they are." • The landlord is not liable for repairs. •  All improvements to the premises become the property of the landlord. •  The tenant agrees that no one else will occupy the unit, either as a roommate or an overnight guest. •  The tenant agrees to pay possible extra rent, the amount unspecified. •  The tenant agrees to obey rules not yet written into the lease. •  The landlord has the right to enter the unit at any time (other than for emergencies) and has the right to show the premises to prospective renters or buyers at any time. •  The landlord has the right to repossess the premises at any time. •  The tenant loses tenancy if absent for any length of time. •  The tenant waives the right to sue. •  No subletting is permitted. Typical Leases Provisions 1. Rent is a given. By holding a lease, a tenant has an obligation to pay rent. 2. Generally, leases require that the tenant "take good care of the premises and fixtures." This requires the tenant to maintain the premises in its current condition only. He is responsible for the cost of repairs due to his own misuse or neglect. Do not commit to repairs other than your own. 3. Most leases state that the landlord retains title to any improvements that the tenant makes to the premises, and many require written permission to do so. 4. The landlord does have grounds for evicting a tenant who does not comply with the rules and regulations set forth in the lease, if that tenant is notified of them at the onset of the lease and agrees to them. 5. Problems arise when the tenant agrees to obey "further reasonable rules and regulations as the landlord may from time to time make or adopt." If a landlord wishes to remove a tenant, a newly adopted rule or regulation may create a violation that leaves the tenant out on the street. 6. Although some landlords accept liability resulting from personal injury or property damage caused by their own or their tenant’s negligence, other landlords attempt to have the tenant indemnify them of all claims arising from the lease hold. 7. The tenant should not contract to pay any of the landlord’s attorney fees. Additional financial obligations, which might arise in a lease, are labeled as additional rent. If a tenant must agree to bear the financial liability, he should not do so separately from his duty to pay rent. 8. The tenant should always inspect the premises, note the defects and make arrangements with the landlord to fix them. Include this in the lease so that he is unable to deny the promise later. 9. If a tenant is unable to take possession, regardless of the cause, the lease no longer binds him, and he may sue the landlord for breech of covenant. Do not sign a lease that waives the landlord of this responsibility. 10. If the lease contains a renewal clause, the tenant should make sure he is agreeable to it before signing the lease. 11. Most leases contain hidden clauses against subletting and assignments. If a tenant is planning to do either, be careful not to sign a prohibitive lease. 12. Most leases require the tenant to secure his promise to perform according to the covenants of the lease by depositing money with the landlord. This provision is a valid demand on the landlord’s part, and it can be for any sum that the two parties agree upon. top Important Lease Information Terminating A Lease Thirty days notice should be given on the first day of the month EVEN IF THE LEASE TERM HAS ENDED. If you do not give thirty days notice the landlord may assume you wish to continue the lease. Moreover, if the lease expires and neither party gives notice, the lease and all of the original conditions continue on a month-to-month basis. This type of lease also requires 30 days written notice to be given by either party. • Most landlords will not inspect the property until it is completely vacated. • The rent terminates when all keys are returned to the landlord. • Leaving keys in the apartment is usually not acceptable. It is important that you contact your landlord in writing when you have decided to terminate occupancy. The following is a sample letter: Date (at least 30 days before termination) Dear ________________: I am hereby writing to inform you that I will be vacating my apartment at 100 Main Street by July 30, 200_. I will return my key on July 30, 200_ . I am requesting that you inspect my apartment, at your convenience before July 30, 200_ to insure there will be no problems regarding my security deposit. Sincerely, ____________________ top Important Lease Information Legal Aid Should a problem arise and you feel you need legal assistance or legal advice, you can contact: Neighborhood Legal Assistance Program, Inc. 438 King Street Charleston, SC 29403 (843) 720-7044 Office of Student Affairs 67 George Street Charleston, SC 29424 (843) 953-5522 top Important Lease Information Security Deposits A security deposit is any money that is given to the landlord to guarantee that you will fulfill the terms of the lease. The amount varies, but is often one month’s rent. The most frequent problem students encounter is the refund of the security deposit. To protect yourself, have the manager/landlord accompany you in an inspection of the apartment before you move in. Be sure you are given a list of all furnishings and their condition and the condition of the apartment (to be signed by you and the landlord). Often tenants lose their security deposits because they fail to give the landlord sufficient written notification of termination. Most leases require at least 30 days written notice before moving out. If such a notice is not given, you are liable for the next month’s rent, which is usually deducted from the security deposit. top Important Lease Information
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