Let me just add this, as a current apartment manager and also a tenant and also a former apartment owner:
People put things into leases that have burned them in the past.
Just because it’s different doesn’t mean it’s a big deal. To either of you.
Thus my current boss had us add that we could raise the rent if our property tax went up. It hasn’t in decades, but that was on his mind one year. Some people balked at that, as not being in the spirit of taxes being the owner’s responsibility, and so I just drew a line through that sentence and initialed it. I wasn’t a deal breaker for us, and wouldn’t have been for most tenants, and in the end was irrelevant.
Your window problem is going to be the same thing. The owner was stung by somebody sometime, probably someone with wild kids who mucked up all the screens and left a few cracked windows, just from playing with balls indoors.
If you object they will probably strike it. If they insist, you should probably realize that it’s pretty unlikely, and overall not a big risk. Other risks are far greater. I’ve only had one broke window, but several times people have broken mirrors, broken tiles, kids who pulled towel racks out of the walls. All of these I just fixed, even though they were really the renter’s responsibility. We’re more concerned with the big picture, looking at the total rent if tenants feel respected and tended to. Noblesse oblige. So, even if you don’t strike the clause, and the window does break, and maybe even if it’s your fault, the landlord might fix it. I would.
… or if some neighborhood kid throws a rock through it, the tenant complains to the landlord, and the landlord says, “Screw you, read the lease.” The tenant then tries to explain how the window is the landlord’s responsibility by law despite the lease. Then perhaps the tenant attempts to self repair and deduct, and the landlord tries to evict for failure to pay rent, everyone digs in, and all hell breaks loose between landlord and tenant, all because of some dumb kid.
Best to get this all straightened out now with a common understanding up front instead of trying to argue about it after a dispute arises.
I thought I posted this earlier. Maybe it got eaten.
That one makes me nervous too.
I sent them an email today. Hopefully I’ll hear back tomorrow. I said something like, “obviously I should be responsible for damage due to my own negligence, but I am not comfortable with the current wording.”
We’ll see what they say. Like I said, it’s a buyer’s market. I’ve got some other places lined up if this one doesn’t work out.
I wouldn’t agree to a provision purportedly allowing the landlord to unilaterally jerk you around.
Why does the landlord need rent flexibility? WTF? If it’s for utilities, then just agree to put the utilities in your name and you’ll pay them. In the alternative, agree that the landlord will forward the utility bill to you, and you’ll pay that within 30 days of receipt or some such.
Makes me wonder what else is f-ed up about that lease.
It’s a house that’s split into three separate apartments. I don’t think they’re separately metered.
I haven’t heard back yet (they’re not open yet). I had a professional look it over before I emailed them. Those are really the only two problem areas. We’ll see what they say.
An application fee? Is this normal where you are? It’s not where I am. If it’s not normal where you are then that’s a strike against the landlord already. If it is normal, well how about that!
Based on what you posted the wording is so vague I might be willing to sign it.
“Landlord is not responsible for repairing broken glass, window panes, screens, doors, or patio door glass broken or damaged under any circumstances.”
I’m seeing duct tape in my future! Seriously, as a property owner I would make sure the property was habitable and up to code. If I am ceding repairs of windows and doors to my tenant then I am not being responsible about my property.
For that town, yes. I was surprised. Pretty much everyone had one. I guess it’s to pay for a background check. A lot of them also try to get you to pay a “holding fee” or something too, often $200-300, to keep them from leasing to someone else before you. I declined.
I can’t do a background/credit report on a potential renter for free. I have to pay for it. Property management companies mebbe can, though. I don’t know.
The bigger thing is this. I used to not charge a fee, and I used to get a lot more applications. I’d do all the work on the application, like calling references, etc., and, in most cases, I’d call people to tell them the app was approved and never get a call back. Or, I’d call and the person would answer and tell me they’ve decided to keep looking or they’ve found something else.
I figured out that if I charged a small fee, people wouldn’t fill out the app unless they really wanted the place. Saved me a tremendous amount of work.
I deduct the application fee from the first month’s rent.
That clause about the tenant being made responsible for all broken glass seems to be more common than I thought. I too find myself face to face with this dilemma. Unfortunately, i signed my lease 3 years ago, and only now wished with all my heart that i had thought to consult an attorney before signing. What’s so bad is i had asked the lease agent of the house im renting(and about to move out of) about that particular phrase because it confused me. Why make your tenant, a good tenant at that, pay to repair something he/she didnt damage. It’s unfair, not mention illogical. I came home from work one day, and my son and i walked into the living room to find glass all over the carpet. My first thought was somebody tried to break in and got scared off, because the. I window broken through wasnt broken enough for a person to fit through, but later realized it was just cruel vandalism. But i got the biggest shock of the day when the property management person told me that i was responsible for taking care of the repairs. And no matter what i said, how i tried to make sense of it, she would not budge. She just kept bringing up the fact that it is in my lease. Worse than that, i found out later that i had to pay for the board-up as well. So add $240+$748…because it was, yes, 3 windows that were broken. All this just because sombody didnt have anything better to do that day, during the day. So im quite steemed, as well as despondent because i just dont have the money. And to think, i was gonna stay another year. Not now. Its just not fair.
Its a bit hard to get insurance … what renters usually get *contents insurance *… How do you add the windows ? well perhaps you can.
I was renting a place and the windows broke on their own. I heard it pop. It was just the total sum of pressure on the window pane… perhaps a rusty screw expanded and squashed it… Windows can also be damaged by settling (Foundations sinking into the ground…)… Not sure why the tennant suffers due to the builders/owners choice on foundations and repairs.