Rental Property Deposits
So you are out looking for your new home; you are “apartment hunting”. You are working with a great real estate associate who is showing you exactly what it is that you are looking for and you have a couple of great choices to pick from and are ready to make that much anticipated offer. Yo
Earnest Money (Deposit)
u sit down to sign the offer which your agent has prepared for you and as they explain; you are hit with the harsh reality that you will need to come up with THREE MONTH”S rent to move in. WOW, that is a lot of money for a rental. So why is it that landlord’s require so much money; I mean after all you have great rental history, great credit, your income can easily afford the rent and you have no criminal record. Shouldn’t you be able to move in with just first month’s rent and the security deposit. The reality is that the answer to this question under these circumstances is probably “YES”; you should be able to move in with just first and security, you should be rewarded for having good rental history and good credit. In most instances both landlord and tenant would agree to this arrangement. However there are other scenarios more often than not that dictate differently. I would like to discuss the main issues which would prohibit a landlord from accepted the first month and security alone.
1. Many condo boards require a common area deposit equivalent to one month’s rent, or sometimes a predetermined amount. Therefore if the owner accepts the tenant with first month and security and the condo board gets the security then the owner has no deposit for damages on their property beyond regular wear and tear; the landlord would be exposing themselves to potential loses.
2. Many condo boards have what we refer to as rental restrictions. Sometimes these restrictions can cause issues with deposits. For example; a common restriction is that a unit owner may only rent the unit once per year. Sounds great to most owners especially those that occupy their units as primary residences; “Hey, we wont have that transient atmosphere of people constantly moving in and out”. But now look at it from the point of view of an owner who is renting out their unit. “If I rent this property out to this particular tenant and they stay for only 6 months or for that matter any period of time for less than the 12 month lease; in other words if the tenant breaks the lease I am stuck with an empty apartments with no income”. The landlord still has to pay the mortgage (if any), condo maintenance fees and taxes. Therefore, the owner who has such a restriction enforced by his association will be less likely to lower the move in requirements because they would prefer to guarantee the tenants lease performance for the entire term and this way if the tenant does break the lease the landlord can at least keep two month’s rental equivalent and still have the option to seek damages for the remainder of the lease term.
3. The landlord has simply had a bad experience before and is unwilling to take the risk again. Yes, this may seem unfair, as it seems like future tenants pay for the shortfalls of past tenants but it is the reality and a business decision that the landlord ultimately has to make.
In short, although there may be other reasons for the three months move in requirements these will typically represent the main reasons.
However, I will provide a warning for tenants; watch out for those landlords in foreclosure that are just looking to keep your deposits and collect rent until they get foreclosed. So how do you protect yourself. Well, first of all ask your agent to look up any Lis Pen dens against the property, try to find out if the owner is already in default. Also, if you are looking at a two bedroom with a direct ocean view in a full amenity building and the unit has granite counter, marble throughout and a jacuzzi in the master and the owner is asking only 1300 monthly, it may just be too good to be true. Scroll down to read blog on landlord / tenant laws on foreclosure.
Maintenance on a Rental Property
Maintenance on a rental property can be a confusing issue. Renters may mistakenly assume all maintenance is the responsibility of the leasing agent and maintenance staff but this is usually not true. In many cases the leasing agent and maintenance staff are responsible for maintaining the common areas and performing major repairs on the apartments but the renters do typically have some responsibilities. These responsibilities are often defined in the rental agreement and the renter should familiarize himself with this document to verify his rights if a dispute arises.
Renter Responsibilities
Typically renters have the responsibility of maintaining their apartment and the surrounding area. This may include the interior of the apartment as well as deck or patio space. However, maintenance of these areas applies to generally cleanliness only and not issues such as painting or repairs to the exterior or the interior of the apartment structure or the appliances within the apartment.
Additionally, renters are responsible for small repairs in their home. This may include plunging a clogged toilet or changing a light bulb. However, if there are any duties a renter feels uncomfortable performing such as changing a light bulb in a high location, the renter should contact the maintenance staff for assistance.
Renters also have a responsibility to show common courtesy to other renters by not intentionally damaging or otherwise marring public areas. This includes vandalism, littering and even failure to pick up after dogs. Renters who fail to follow these rules of common courtesy may be subject to fines or other penalties according to the rental agreement.
Leasing Agent Responsibilities
The leasing agent and maintenance staff are generally held responsible for major items such as repairs to the exterior of the building, fixing appliances which are malfunctioning and dealing with plumbing issues such as leaky pipes. Additionally, the maintenance staff is responsible for intervening if the renter is having trouble with public utilities. Problem such as no hot water or heat to the apartment should be addressed by the maintenance staff in conjunction with the public utilities entity.
The leasing agent and maintenance staff is also responsible for maintaining the common areas. This may include keeping grassy areas manicured and other common areas looking clean and attractive.
When the Leasing Agent is Not Taking Responsibility
As previously discussed, the leasing agent has certain responsibilities to perform tasks and address concerns and complaints by the renters. However, when the leasing agent is not fulfilling these responsibilities it could create a harmful living environment for the renter. For example hot water is required to adequately clean dishes. This is why there should always be hot water to the apartment. Additionally, in severely cold weather the inability to heat the apartment due to faulty utilities or windows which are not properly sealed can create a hazardous condition for the renter.
Both of the examples mentioned above are situations in which the renter may put in a hazardous condition by the leasing agent’s negligence. In these situations the renter should contact the Department of Housing to determine the proper cause of action to take in this situation.
In some cases the renter may be informed the alleged transgression by the leasing agent is not actually his responsibility. However, in other situations the renter may be informed that the actions of the leasing agent are a serious violation of the rental agreement. In either case, the representative can provide information on how to proceed to achieve the desired results.