One thing that bugs me when meeting new or prospective tenants is hearing, “My old landlord “did this”, ”had this in the lease”,  “Kept my security deposit because…” – especially when it comes to DIY landlords.

The reason it bugs me is because many landlords make false claims, put things in their leases that aren’t legal or valid - claiming that their rules and lease is “standard”.

My shout out to tenants today is protect yourself.  There is no such thing as a standard lease.  There are many “stock” leases available for purchase,  many landlords write up their own leases, etc., and unfortunately, many leases contain errors.

There are good landlords, but you have to really protect yourself against are the greedy ones – they ask for crazy security deposit amounts or fees, they write unusual things in their leases in attempts to keep your security deposits or to have you be responsible for repairs, etc. 

A couple tips for today:

There is a difference between “laws” and “rules”.  For landlord/tenant laws and what a landlord/tenant can and can’t do – best resource is the Arizona Landlord Tenant Act.  For rules – each landlord/management company has their own rules contained in a lease, or on separate addendum.  But the rules must not violate laws, such as discrimination, habitability, etc.

An invalid clause in your lease doesn’t necessarily invalidate your lease – so be careful of trying to break your lease based on one paragraph.  Always check and ask questions before you break your lease.

Buying or selling Tucson real estate, Mt Lemmon, Tucson bank-owned homes, Tucson rental homes, or Tucson lease option homes? Visit www.KGCPropertiesLLC.com!

                                     

 

This blog is written with my opinions and my opinions are presented with accuracy but not guarantees. Please talk to a professional before making any real estate, financial or agency decisions.    Gabrielle Kamahele Rhind - 2011. If you want to reprint parts of this - just email me for my permission:TucsonsRealEstate@gmail.com.

 

24 Comments on Greed Is Legal – But It Doesn't Make A Lease Valid.

20 Most Recent Comments Displayed Show All

OCT
22
1,022,684 Points 66 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

KUDOS for pointing out that there are no STANDARD lease forms eventhough many landlord or property managers may be using pre-printed forms...
6:36am • #5
557,197 Points 6 Featured Posts Outside Blog

I recommend that all tenants verify who the owner is in the public records.  Then verify that the person signing the lease and giving you the keys is that person - ask to see a picture ID.  And if a property manager ask to see their real estate license and proof that they have an agreement with the real owner.  So many scammers out there stealing money from tenants who simply don't know any better.
7:40am • #6
281,152 Points 4 Featured Posts

Great post! This should be a MUST READ for any landlord or tenant before agreeing to the terms of the contract. Too many times landlords don't know the law and tenants don't know their rights.
10:42am • #7
497,600 Points 13 Featured Posts Outside Blog Called Shot Master

Hi Gabrielle, we agree.  We quit an investment group after one of the leaders suggested two different contracts depending on whether you were the seller or buyer - in others words to take advantage!
11:30am • #8

It is best to use a trained property management company if you are unsure.
11:39am • #9
Have seen both owners and renters be taken advantage of. A good written lease that both understand is essential.
11:40am • #10
281,808 Points 4 Featured Posts Localism Sponsor Outside Blog Attended Rain Camp Called Shot Master

Hello Gabrielle:

 

I have been doing more rental work here in Sun City Texas since many buyers want to "try before they buy".  In many cases this ends up with the tenants becoming purchasers, so a nice pipeline of business.

When I get involved in a lease I only use the standard form promulgated by the State of Texas Association of Realtors  and no other.  It is fair, balanced, and protects both parties in case something goes wrong.  Glad to see this was featured.
11:54am • #11
195,737 Points Outside Blog

Great post and lessons about the rules and the law. Every state has different laws, rules and regulations so before you explore tenant opportunities, some research on the laws, rules and regulations should be researched, shouldn't it?
2:52pm • #12
585,806 Points 105 Featured Posts Outside Blog Called Shot Master

Tenants moving from one state to another should be sure to check the laws in their new state - as they might be different from the ones in their old state.
4:05pm • #13
701,287 Points 39 Featured Posts Outside Blog Called Shot Master

Great advice. One thing is to always understand what you are signing. Problems won't arise if you know what you can or cannot do.

We have a paragraph in the 'buy it off the shelf lease' that states the landlord cannot be sued.  In IL, that is against the law or unenforceable because you cannot write that you cannot sue anyone.  Most times it's in every standard lease that we use & we just leave it there so we aren't practicing law.
4:15pm • #14
223,927 Points 6 Featured Posts Called Shot Master

Gabrielle...this is great advice. I have talked until I am Blue in the face that the University here should make Renting 101 a mandatory class.  I see so many students get taken advantage of.
4:56pm • #15
263,934 Points 3 Featured Posts Attended Rain Camp

Gabrielle - great advice! I don't handle tenants, so I don't have good stories, but I know of them...
5:15pm • #16
OCT
23
1 Featured Post

Great tips on leases and landlords.  Good post.
3:47am • #17
536,010 Points 38 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

I was asked to review a lease recently that claimed it was illegal to move out at any time with out the landlords written permission. This from a professional management company.

This was one of the tamer clauses.

Bill
6:25am • #18
OCT
24
160,947 Points 1 Featured Post

Good afternoon Gabrielle. The law is pretty much the same here in Florida. One boo boo doesn't invalidate the rest of the contract.
1:05pm • #19
OCT
26
137,178 Points 1 Featured Post Outside Blog Attended Rain Camp

I second Rob's advice on rentals.  There are so many crooks renting properties they have no right to rent, that it pays to check things out thoroughly.  Also, many people are renting out homes and not making the payments to the bank, so renters are being kicked out after the foreclosure.
8:51am • #20
OCT
29
2 Featured Posts

Gabrielle - This is great advice to anyone looking to rent.  Thanks for the post!
7:09am • #21
1,023,520 Points 15 Featured Posts Localism Sponsor Outside Blog Called Shot Master

When it comes to renting stuff I trust Wallace.  I suspect the rental market is so tight that rentors have to settle for lots of stuff - but it should be legal.
7:14am • #22
DEC
04
237,041 Points 5 Featured Posts Called Shot Master

Some Landlords are creeps. Tenant Laws in Oregon counter that. They are heavily in favor of the Tenant.
8:46pm • #23
JAN
18
237,119 Points 9 Featured Posts Outside Blog Called Shot Master

Good points, nice concise and to the poiint with great information.  I sell real estate but I don't know a ton about leasing and even have two rentals that I do not manage myself, we hired professionals. -Kasey
3:32pm • #24

20 Most Recent Comments Displayed Show All


What does the graphic say?
Leave a response…

(optional)
Spam Prevention:
 
20130205_083835 Rainmaker_large

Gabrielle Kamahele Rhind, Broker/Owner

Tucson, AZ

More about me…

KGC Properties LLC, Tucson Property Management & Real Estate

Address: PO Box 18621, Tucson, AZ, 85731

Office Phone: (520) 245-0242

Cell Phone: (520) 245-0242

Email Me



Listings

Links

Archives

RSS 2.0 Feed for this blog

Find AZ real estate agents and Tucson real estate on ActiveRain.