Understanding Lease Clauses

Understanding Lease Clauses

Understanding lease clauses in plain and simple language.

Intro

While leases are required to be written in plain language in Pennsylvania, any lease can still be daunting. This page is an attempt to further clarify lease clauses. Many clauses are self-evident and may not be covered here. Some clauses may be combined here for simplicity and readability. This page is not a lease or a contract and cannot be used as an agreement by anyone.

SEVERABILITY

If any part of the lease is not enforceable for any reason, the remainder of the lease agreement remains in effect and enforceable.

MULTIPLE TENANTS OR OCCUPANTS

Where multiple tenants may be on a lease or where another resident exists not on the lease or a guest exists, the landlord only needs to notify one resident or guest and the one resident or guest represents all residents or guests and therefore all residents or guests have been notified. This includes any legal action including eviction.

OCCUPANCY LIMITS

Pennsylvania law restricts how many people can occupy a residence for safety. This clause makes clear how many people can legally reside or occupy the rental. This clause also makes clear who is a resident that any resident must fill out an application individually, be approved by the landlord, and sign a lease individually or as a legally married couple. A resident is defined as anyone who occupies the rental for 10 consecutive days or 15 days per year even if staying the night. Why? Because it is not uncommon that an approved tenant will move someone in claiming they are just staying the night or staying sometimes where in fact the individual is using the rental as a primary or secondary residency. Landlords are legally bound to residents and therefore require that all residents be legally bound to the landlord.

CERTIFICATION OF TRUTHFUL APPLICATION

It is not uncommon that people will lie in person and on the application in full or in part or by omission. While it may be expected that people may make simple mistakes, fraud is a tool to gain entry into a rental agreement. This clause protects the landlord by allowing the lease to be terminated. The landlord reserves the right to determine if an applicant has lied or committed fraud and may refer the applicant to the local authorities for prosecution. Why? Because this is a real problem. Professional tenants use fraud routinely to gain access to a rental and often cause a tremendous amount of harm or destruction.

SECURITY DEPOSIT INSURANCE, LEASE BOND, OR CASH SECURITY

The landlord requires that tenants purchase Security Deposit Insurance or a Lease Bond and will no longer accept a Security Depist except under very limited circumstances. Why? Because laws limit security deposits and costs to the landlord have risen significantly. Security deposits no longer cover the expenses landlords face even when a good tenant moves out. Security deposits are a dated practice and have been replaced with newer practices and procedures that protect the landlord and tenant. This is a real win-win. The tenant no longer requires significant money to be tied up to move in, the landlord can off-load a lot of work in maintaining a trust, and both options, insurance or a bond, better protects both the landlord and tenant.

FORWARDING ADDRESSES AND CONTACT INFORMATION

Laws and the lease requires the tenant to provide and maintain an accurate forwarding address, phone number, and other appropriate contact information. Why? Because landlords have legal responsibilities that cannot be met if the landlord cannot contact the tenant even when the tenant has moved. There are legal requirements of the tenant to provide forwarding addresses to the landlord and authorities. This clause simply makes this clear.

TENANT RENTAL INSURANCE

It has become a standard practice for a landlord to require a tenant to purchase and retain rental insurance. Why? Because tenants have legal liabilities to the landlord and other tenants which can only be covered by insurance or with significant money. Rental insurance protects the tenant for issues that may arise for which the tenant will be legally liable for. It keeps a tenant out of a lot of trouble.

RESTRICTIONS TO IDENTITY, LOANS, CREDIT, OR MAIL

It is not uncommon that a residency will be used in committing fraud. This clause simply makes it clear that fraud cannot be committed and that the landlord has the right to report any suspect activity to the authorities. In severe cases the landlord may seek to evict ant tenant.

TENANT MOVE-OUT RESPONSIBILITY

Tenants have responsibilities to the landlord during move-out to return the property in the same condition as they received it, surrender the keys, and move-out within a reasonable period as not to harm the landlord. This clause makes this clear. It also references simple move-out procedures that will be posted on this site.

TENANT NOTICE OF EXTENDED ABSENCE

Tenants are required to notify the landlord if they are expected to be vacant from the rental for any extended period of time. For example, a tenant is visiting family. This allows the landlord to keep an eye on the rental on behalf of the tenant. If the tenant is unable to give notice of an absence due to an emergency, a responsible person can make notice on the tenants behalf but must make the notice immediately or as soon as possible.

TENANT VACANCY WITHOUT NOTICE

It is not uncommon that a tenant will simply move out in the middle of the night or abandon the rental and possibly leave substantial portions of property behind. One simply got in their car and left even with a full month of rent paid and an apartment full of possessions. The Tenant Landlord Law does not cover these situations. This clause allows the landlord to post a notice to quit if desired and file for eviction as a breach of the lease where it is reasonably clear that a tenant does not intend to return.

TENANT WASTE

The landlord provides trash removal, however, trash removal is often restricted by what can be thrown away within the dumpster by law and by policies of the trash removal services. For example, televisions, mattresses, and dangerous chemicals. These require special processing and disposal costs. Tenants are required to dispose of these restricted items and pay the costs of doing so. While the landlord may be able to assist and may be willing to help pay the cost, many tenants have simply moved out leaving many items they have accumulated that they know are restricted for the landlord to deal with. The costs of disposing these items can be hundreds of dollars and a lot of work.

This clause also restricts tenants from storing trash, rubbish, or personal items unlawfully, inappropriately, or in a way as to be offensive.

Lastly, many tenants leave substantial hordes of personal items of no value that the landlord must store on behalf of the tenant. This clause allows the landlord to make reasonable decisions as to what is waste and remove the waste immediately without storing it.

TENANT OBLIGATION FOR DEFECT NOTIFICATION

Tenants have the responsibility by law to notify the landlord of certain defects immediately. This clause requires a tenant to notify the landlord of all defects within a reasonable period. Why? Because the landlord wishes to provide a quality of life due the tenant and does not want to find many repairs that are required when the tenant moves out. In addition, some defects may seem minor to the tenant while posing a real risk to the property and others. In addition, this clause expressly forbids any tenant from making repairs except under special circumstances.

TENANT NOISE

This landlord wants tenants to enjoy life and make a little noise as a result. For example, throwing a party or children playing in the yard. This landlord enjoys the noise associated with living a fun life. However, some noise is unacceptable not only by the landlord but by other tenants. The landlord has the right to govern what noise is unacceptable and terminate the lease for noise that violates the law or jeopardizes the landlords ability to obtain or retain tenants.

TENANT OBLIGATION FOR SECURITY

We live in a day and age where keeping your doors unlocked is no longer a viable option. This is unfortunate. Because of increased drug usage and theft of smaller untraceable and saleable items a daily occurrence, it has become necessary for tenants to properly secure all rentals when they leave. Tenants have the responsibility to the landlord to keep the landlords property safe. Thieves often go for metal plumbing, faucets, wiring, lights, ceiling fans, etc. As part of securing the property is to make sure that loose items on porches are secure during windy days and windows are closed when the weather is bad.

LOCKS, LATCHES, AND BARRICADES

Bad tenants like to keep the landlord from entering the rental and discover what they are up to. Landlords all know that this is a huge clue. Why? Because honest tenants are happy with the adequate level of security provided. Only bad tenants automatically think about additional security. Tenants have the responsibility to the landlord to inform the landlord of any lock that does not work properly. These things happen and can be fixed quickly. Tenants also have the responsibility to the landlord not to restrict access to the rental in cases of emergency. And lastly, the landlord has the right to their own property. For this reason, locks cannot be changed or re-keyed, any additional locks installed, any latch or chain or barricade on doors installed. This landlord wants the tenant to be safe. If you do not feel safe, let the landlord know immediately or bring it up during the initial walk-through.

SECURITY ALARMS

Security alarms have changed over the years. Some alarms and systems still require wiring and modification of the property. These alarms would not be allowed. Newer alarms are user installable though some alarm companies can easily install a wireless non-destructive alarm. Tenants have a right to privacy. For this reason, no video monitoring can be installed except for a door bell camera. Any alarm system must be approved by the landlord. The tenant must provide all information to disable the alarm to gain access to the landlords property. If the alarm is monitored, the landlord must be added to the alarm companies list of authorized persons on the account to prevent false alarms.

TRANSFERS BY TENANT

The tenant cannot sublease or make any exchange that provides access to the rental unit in any way. Only people approved by the landlord can reside within the rental unit or have access to the rental even for short periods of time. This is the landlords right.

USE OF LEASED PROPERTY

Tenants rent the property as a residence and cannot conduct any business or transaction as a professional or tradesman. At home business are restricted.

Tenants must obey all laws.

Tenants cannot store any dangerous chemicals, materials, or equipment within or on the property. If the tenant has a need to store something that is dangerous, the tenant can simply talk to the landlord to help store the item safely.

Tenants may not do anything that endangers or causes harm to other tenants or the property.

Tenants cannot have any animal not approved by the landlord. It is not uncommon that a tenant will sneak in an unapproved dog hoping the landlord will allow the dog to stay. Do not do this. This landlord will immediately evict anyone who violates this clause. If you are disabled and have a need, you still must talk to the landlord before hand and obey all laws required. It is not uncommon that tenants will claim a need falsely. Do not do this. This landlord wants to help people who need help but does not appreciate being lied to, manipulated, or strong armed. Why? Because there are people with real needs and tenants who make make false claims or manipulates the landlord makes it harder for people with real needs. No landlord takes this issue lightly.

Let's face it, we all run into trouble affording repairs, an inspection, insurance, or registration to a vehicle from time to time. Granted. Talk to the landlord. A plan to rectify the situation immediately or within a reasonable period of time must exist and be adhered to. Why? Because local ordinances exist that requires all vehicles to be operable, insured, inspected, and have registration. The landlord is on the hook for this as well as the tenant. For this reason, the landlord has the right to rectify the problem without notice if not handled within a reasonable period or if approached by local authorities. This may include removing the vehicle. If you have a need for a trailer, talk to the landlord in advance. The landlord may permit temporary storage of smaller trailers especially during a move-in or move-out. All trailers must be registered.

Tenants often modify the property including paint in ways that are inappropriate or cause damage. For example, one tenant used an acrylic industrial paint that required many days of grinding and replastering. Talk to the landlord. Some modifications can be permitted but must be approved. This landlord is often willing to help or make the modification. If you have special needs, you must still talk to the landlord. Why? Because these modifications must be done correctly and sometimes requires work not apparent to the tenant. The landlord is a professional and may hire professionals that can handle modifications correctly.

Tenants will often store personal property inappropriately. If you need to store additional items, talk to the landlord. Often there is a solution.

RULES AND REGULATIONS

These are additional requirements of the tenant that are added, modified, or removed without re-issuing a new lease. This is a standard practice. These are known as house rules and will be posted on this site and may change without notice. It is the tenants reposnsibility to keep up on these house rules. They are often simple and few.

TENANT CLEANING RESPONSIBILITY

It has become necessary in the past decade or so for landlords to set specific cleaning standards and requirements. This is becoming a standard practice. Why? Because individual cleaning standards have dropped significantly. It is no longer a reasonable assumption that most tenants clean the rental in full and timely. Tenants have a responsibility to the landlord to keep the property properly maintained to a standard known as normal wear and tear within the law. However, normal wear and tear is not a legal standard and subject to varying ideas of what normal wear and tear is. For example, one judge determined that large holes in walls large enough to give unfettered access from room to room was normal wear and tear. Why? Because the judge believed that landlords should expect having substandard tenants as part of doing business therefore reducing standards to the lowest denominator and allowing any destructive behavior whatsoever. This is crazy! For this reason, the lease sets a cleaning standard that tenants must adhere to including a definition of normal wear and tear.

LANDLORD’S RIGHT TO ENTER LEASED PROPERTY

Landlords have the right to their own property. Bad tenants try and restrict the landlords rights to their property. Honest tenants want privacy of course, however, live in a manner that they expect people to be able to enter the rental most anytime. Landlords have legal requirements and responsibilities and will enter any rental as necessary to remain compliant. Be that as it may, laws do require some notice to the tenant except in emergencies. This landlord respects tenant privacy, however, will need to enter the property from time to time to make repairs, inspect the property, make sure tenants are adhering to standards, and so on. Why? Because individual standards have dropped over the years. For example, cleanliness, hoarding, inappropriate or unapproved use of appliances, violations of pet policies, etc. Landlords are primarily concerned about safety and the condition of their property. However, many landlords also want a quality of life for their tenants and will periodically check the rental for defects to plan repairs and upgrades.

UTILITY SERVICES

Believe it or not, there are quite a few tenants that try and force a landlord to pay for utilities the tenant is responsible for. This is a common scam by professional tenants. This clause makes it clear what utility costs the tenant is responsible for. Also, some tenants will cut wiring or plumbing to utilities that may be owned by the utility or the landlord. This can restrict the landlords ability to adhere to the requirements of the landlord under the law and often costs significant money to repair or replace.

WHAT HAPPENS IF TENANT BREAKS ANY AGREEMENTS IN THE LEASE

This clause spells out landlords rights and remedies the landlord has when a tenant breaks the lease. This is standard. Read this section carefully.