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Think You Aren’t Violating Any Lease Terms? Think Again!

By
Real Estate Broker/Owner with KGC Properties LLC, Tucson Property Management & Real Estate

Over the years of managing property, tenants tend to be surprised when they learn they have violated terms and conditions in their lease – and never even knew!

These are just a few things you as a tenant might do – that you might not be able to:

Letting someone stay in the home until they find their own place.  Many leases require you to notify the landlord if you have anyone living in the home other than those listed on the lease.

Starting a home based business.  It sounds harmless, but home based business present liability issues for landlords, homeowners, not to mention the neighborhood you live in may not allow it.

Signing up for dish TV or cable  - and mounting it to any part of the house – or drilling holes in walls to run cable lines.  These companies won’t tell you that you need permission to do this – and they won’t tell you about any HOA restrictions on where they can or can’t mount the dish.  Advice?  Ask first!

A friend visits and stays a while – with their new pet.  Believe it or not, if your lease says no pets – it means, no pets.

You’re going to be out of town for a few weeks and you are having your friend house or pet sit while you are gone. It’s the same as #1!

Supporting your local political candidate – you place a sign in your window or lawn.  It’s common that leases have clauses that prohibit or restrict this – always best to check and ask.

You bought a new car!  No problem – but - this is especially important if you have assigned parking – you have to let the landlord know the make, model and plate number of your new car.

You want to buy a waterbed??!!  Really? Ok – but make sure your landlord is OK with it.  Many landlords don’t allow waterbeds for several reasons and your lease may already have a “no waterbed” provision.

This is the real tricky “who would have thought one” – hanging a family photo, putting up track lighting, installing a new fridge (especially one that has an ice maker and needs a water line), painting a wall, etc., and not getting approval ahead of time.  All leases have alteration and modification clauses – some more general than others.  If in doubt, just ask!

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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 - 2014. If you want to reprint parts of this - just email me for my permission: KGCProperties@gmail.com .

 

Comments(52)

Silvia Dukes PA, Broker Associate, CRS, CIPS, SRES
Tropic Shores Realty - Ich spreche Deutsch! - Spring Hill, FL
Florida Waterfront and Country Club Living

Gabrielle, it's amazing how many "would be tenants" will call on a rental property that doesn't allow pets and ask whether the landlord would make an exception. 

Mar 05, 2012 10:02 PM
Jim Miner
Miner Noh & Associates - Phoenix, AZ
Loan Modfication & Short Sale Specialist

How true your statements are.  However, there are times when the tenant actually improves the property, how nice that can be.

Mar 05, 2012 10:37 PM
Shannon Runyan
Kile Properties - Forney, TX

Very well put.  I work with a lot of renters and have a form I created to gather information from them before searching for properties.  It helps out with the search process and to be sure we are not looking at properties that do not fit their needs.  I also go over the lease with them when they sign so they know all the rules and guidelines in regards to the home they are about to lease.

Mar 05, 2012 10:45 PM
Jack Snyder
Loan Originator in Orange County for Nations Direct Mortgage, LLC, NMLS #109738 - Equal Housing Lender - San Clemente, CA
Loan Officer, San Clemente, Orange County, CA.

I always recommend two things, a property manager and a "handyman" that comes by every couple months to change lightbulbs (and check up on things).

Your first two lines of defense.

Mar 06, 2012 01:39 AM
Brian Hayes
Horizon Investment and Management - Bountiful, UT

All great posts. Thank you. I guess I need to be reminded to never ASS U ME :-)

Mar 06, 2012 02:08 AM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

As the property manager of my own rentals I have never held a tenants feet too close to the fire on many of your points and concerns. Alas, my occupancy rate and tenant turnover is negligable. I believe that whether you're a tenant or a homeowner you need to have some breathing room and latitude. So far so good. I've never had any issues. 

Mar 06, 2012 02:18 AM
Brian Hayes
Horizon Investment and Management - Bountiful, UT

So funny. Right after I posted, I received this email on one of my rental listings:

Read what the sender asked:

 

Ksl Homes powered by Rentler

Brian,

T (Name Was Removed) has shown interest in your property at:

1151 W 4300 So 29A
Taylorsville, UT
84123

Would the pet policy be negotiable at all?

One feature of Rentler is the ability for tenants to fill out an application and submit it directly to you!

 


Note: RENTLER.COM DOES NOT REGULATE OR VERIFY THE CONTENT OF THESE MESSAGES. RENTLER EXPRESSLY DISCLAIMS ALL LIABILITY FOR THE CONTENT OR USE OF ANY MATERIAL POSTED VIA THE USER.

 

Mar 06, 2012 02:28 AM
Kim Mulligan
Engel & Völkers Seattle/Eastside - Seattle, WA
Selling Homes for the 21st Century

A few more to add-

Parking a friends vehicle while they are on vacation in reserved parking (and then not have a key to move it).

You don't clean a residential kitchen by throwing buckets of soapy water on the floor (techniques of a restaurant worker cleaning the kitchen floor on move-out).

Pet sitting an insurance restricted breed when the lease clearly states "no pets".

Don't follow the instructions for cleaning products (no, oven cleaner is not to be used on the rest of the stove including the painted surfaces such as temperature dials).

I have an additional pages of "don'ts" outside of the standard lease. Some tenants laugh at this, but every year I seem to add yet another "don't" to the list. Better to be clear than assume someone has experience even cleaning a residential home.

Thanks for bringing up the subject!

 

Mar 06, 2012 03:04 AM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

There sure is a lot of details that a tenant has to keep track of, most of them common sense, some only the most detailed oriented person would probably keep track of.

 

Paddy Deighan Esq

http://www,homesavers.pro

Mar 06, 2012 04:11 AM
Wayne Jackson
Lakeshore Realty 208-714-4109 - Hayden, ID
North Idaho Realtor, Serving Coeur dnullAlene and Hayden Lake

Gabrielle,

I agree with # 40, What is the purpose of having such strict rules? If you treat them nice they stay for years. If you don't you have lots of turnover and vacancy.

Mar 06, 2012 04:27 AM
Karen Fiddler, Broker/Owner
Karen Parsons-Fiddler, Broker 949-510-2395 - Mission Viejo, CA
Orange County & Lake Arrowhead, CA (949)510-2395

Good reminders....typically the landlords won't mind if you just let them know and ask permission. Better to do it up front....as you would like someone to do for you. :)

Mar 06, 2012 04:40 AM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Hi Gabrielle, wow you sound like you know your stuff.  Thanks for sharing.

Mar 06, 2012 06:02 AM
Gabrielle Kamahele Rhind
KGC Properties LLC, Tucson Property Management & Real Estate - Tucson, AZ
Broker/Owner

HI EVERYONE!  I just got back onto AR after a day and was thrilled for the feature!  Thank you so much for all the comments!

I should clarify for #40 and #44 - many leases I have seen over the years have these items as "standard catch all".  I'm not that strict - that's why I have tenants that stay for years and years!  My best tenant is going on 9 years now. Like Karen wrote - communication is what's important - landlords should communicate the terms of the lease - and tenants should just ask ahead of time to be sure!  

Happy happy for all the input! For now I am going to finish up making comments on other posts and will be back to read the respond!

Gabrielle

Mar 06, 2012 06:12 AM
Marte Cliff
Marte Cliff Copywriting - Priest River, ID
Your real estate writer

Good advice - and good reasons for those renters to BUY!

Mar 06, 2012 08:26 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Pretty basic stuff. The rules haven't chenged in the 23 years have been involved in Real Estate. All about the lease.

Mar 06, 2012 08:43 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

There are flip sides to this.  Some Landlords do not have good boundaries either.

Mar 06, 2012 01:23 PM
DeeDee Riley
Lyon Real Estate - El Dorado Hills CA - El Dorado Hills, CA
Realtor - El Dorado Hills & the Surrounding Areas

Gabrielle,

What a great post!  Not a topic often touched on either so very refreshing!  Thanks for sharing!

Mar 06, 2012 02:24 PM
Sylvie Stuart
Realty One Group Mountain Desert 928-600-2765 - Flagstaff, AZ
Home Buying, Home Selling and Investment - Flagsta

You definitely do need to know your lease and restrictions. It always helps to ask!

Mar 06, 2012 09:33 PM
Joetta Fort
The DiGiorgio Group - Arvada, CO
Independent Broker, Homes Denver to Boulder

I remember the day we discovered a satellite dish had been installed on the brand new roof of one of our rentals. Luckily, that tenant has stayed and paid their rent on time and done no other violations for over six years now.

Mar 06, 2012 11:47 PM
Wayne B. Pruner
Oregon First - Tigard, OR
Tigard Oregon Homes for Sale, Realtor, GRI

That is good information. Lease terms do vary, but your points are very common.

Oct 27, 2012 10:26 AM