What's in Your Rental Property or Apartment Lease? Use of Premises Clauses
The Use of Premises clauses contained in most standard leases offer protections to both the owner/landlord and the tenant.
The Landlord stipulates that in exchange for prompt payment of the rent and other 'covenants' or tenant responsibilities contained in the lease, the tenant is granted the use of the premises.
Some stipulations of the Use of Premises clauses include:
The maximum number of tenants are permitted to occupy the premises, including maximum number of unrelated persons. Some townships have a cap on the number of unrelated adults permitted in rental properties so as to regulate or limit student or group housing.
The condition of the premises. The landlord agrees that at the time of the lease signing, the premises are in good order and repair. The tenant and landlord should do a walk through of the rental property together and note any problems or defects before move in. It is helpful to have a checklist of major items and rooms, on which notations can be made of items noted on the move in inspection. Both the landlord and tenant should consider signing this form and keeping a copy with the their copy of the lease.
Use of Premises Lease Clauses-Subletting, Alterations and Damages.
3. Assignment and Subletting: Most Landlords (Lessors) do not permit any subletting of the rental property or assignment of the lease to another tenant without the written permission of the Lessor. The lease may stipulate that if the tenant sublets the rental property, the original lease can be terminated.
4. Alterations and Improvements: The lease may contain a clause that prohibits any significant alteration to the rental property except for fixtures that can be removed without damage to the property. Any other change to the rental property may require written permission from the Landlord.
5. Damage to Premises: This clause outlines whose responsibility it is to repair damages --'not due to the tenant's negligence or willful act' ie fire not intentionally or negligently set (this type of damage is usually the responsibility of the landlord or owner) --versus any damage deemed due to the tenant's negligence or neglect, which is usually the responsibility of the tenant.
Some items to consider here include appliance repair--for example if the landlord supplies a refrigerator, room air conditioners or a washer dryer, the lease should spell out if it is up to the tenant or landlord to repair or replace.
Some leases have a 'minor' repair clause, which states that minor repairs ie for less than $ 50, are the responsibility of the tenant.
As a general rule, normal wear and tear of responsible use, is not considered 'damage' and therefore, not chargeable to the tenant at the end of the lease. Example might include normal carpet wear, some marks on walls, normal aging of appliances. However, carpet burns due to cigarettes, holes in walls or severely dirty and stained appliances or cabinets might be considered damage whose repair costs would be deducted from any security deposit.
Use of Premises Clauses-Prohibition Clauses
6. Leases often contain a clause prohibiting any dangerous, flammable or otherwise hazardous material from the rental property.
7. Leases may contain a clause precluding the operation or 'carrying on' of any 'business, profession or trade of any kind'. This is especially important to ascertain if a tenant plans on operating a home business.
8. Standard leases may preclude any 'domestic or other animals' from being kept on the premises.
Pets are a frequent source of discord between tenants and landlords. It is important as a landlord to specifically address this issue up front and in writing with potential tenants. Be as specific as possible. Are cats permitted but not dogs? How many cats or dogs if any are permitted. Some owners limit the size or weight of a dog. What about birds, guinea pigs, ferrets, snakes, lizards etc?
If a landlord allows a tenants current pet to occupy the premises, is a replacement pet permitted?
The information on RentalProperties.com is intended for informational purposes and not guaranteed. Please consult with an attorney or your own professional advisor regarding your specific situation.
