The Lease

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Can they do that?Can maintenance just come in my
apartment without warning?Do I have to pay late
fees for my roommate?50 for a light bulb! Is
that legal?I hate my roommate can I move?Do
they have to repair my dishwasher?Eww! Spiders!
Can I make them spray for bugs? The answer to
all of your questions can be found in
The Lease
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Renting Rules of the Game

• Attorney for Students
• LBJ Student Center 5.105
• [phone]
• http//attorney.dos.txstate.edu/
• Follow us on Facebook
• Twitter _at_ TXST_AFS

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Overview

• What do you need in an apartment?
• How do you choose a new place?
• Lease what is it, why does it matter
• Requesting repairs
• Common Problems
• Questions

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Players in the Game

• Tenant you and your roommates
• Landlord owner of complex/house
• Law minimum requirements a landlord must obey
• Lease contract with terms and conditions
• Security Deposit money the landlord requires
  you to pay before moving in refundable at end of
  lease

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Choosing a new home

• What do you need? What do you want?

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Budget

• How much money will you have?
• Loans, scholarships, grants
• Parents
• Other income
• What will you need money for?
• Rent
• Application fee, Security Deposit
• Pet fees
• Estimate 250-500 per pet
• Electricity, Water, Gas, trash
• Estimate 100-150 each month for your share of
  the bills
• Cable Internet
• Estimate 100 per month
• Moving expenses
• Food

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Lease Financial Obligation

• Think of the full cost and not just monthly rent
• 12 months _at_ 450 per month 5400
• 12 months _at_ 100 utilities per month 1200
• 12 months _at_ 100 cable internet 1200
• 250 security deposit 50 application fee
• TOTAL 8100 yearly obligation
• Monthly rent VS. Installment payments
• Installments arent prorated and you owe money
  BEFORE you move in or get financial aid awards

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How long will you want to stay?

• Will you need a full year?
• Graduation
• Study abroad
• Summer internships, work opportunities
• Can you break the lease if.
• Leave school?
• Graduate early?
• Get married or divorced?
• Lose a roommate?
• Become ill?
• Die?

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NO!!!
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2 Ways to Legally Break the Lease

• Domestic Violence
• Criminal charges filed
• Protective order issued
• Military leave
• Active duty
• Must be for longer than 90 days

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Choose Roommates Carefully
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Renting Together Agreement

• Memorialize your agreement in writing
• 17 questions to consider/answer
• Keep a copy!
• Avoid future problems and disagreements
• Free form on our website http//attorney.dos.txst
  ate.edu/

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Amenities needed?

• Bus routes, public transportation
• Computer facility
• Laundry
• Stores in walking distance
• Pet friendly
• Handicap accessible

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How do I compare places?

• Research apartment complexes
• Online review sites (apartments.com, rentals.com)
• Go in person and look at each complex
• Walk around, talk to people who live there
• Request a copy of their lease READ IT
• Use a free app like LeaseLobster
• Think it over for a few days

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ACT Ally Members

• ACT Achieving Community Together
• Ally Members complexes and landlords that
  signed a contract with the University and pledged
  to treat students fairly and ethically
• http//www.lbjsc.txstate.edu/services/act
• Texas State Housing Fair February 2014
• Win cash prizes and a flat screen TV

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Today ONLY!!!!!!!!!!!!!! 399.99 rent! Sign
up today for a FREE ipod!
399.99 Sign Now!

• 399.99 price only available for current calendar
  year, management reserves right to cancel
  promotion at anytime without warning. Limit one
  device per lease, ipod or comparable device to be
  provided to tenant after one half o the lease has
  been completed, tenant must pick up device at
  time and place to be determined, management
  reserves the right to substitute comparably
  priced gadget for ipod, 99 processing fee to be
  applied at end of lease

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I found a place!
Now what?
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How do I start the lease process?

• Fill out application
• Keep a copy
• Pay application fee or deposit (fees are
  non-refundable, deposits may be returned)
• Credit check
• Criminal history check
• Landlord has 7 days to accept or deny
• If accepted, go back and sign the lease. Do not
  wait until the day of move in to sign the
  contract.
• Guarantor or Co-signer may be required

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Will I need a co-signer?

• Co-signer or Guarantor
• LL doesnt trust you to pay the rent because
  youre young and have little credit history to
  prove that you can pay bills on time
• Co-signer or guarantor is a person who promises
  to pay the landlord if anything goes wrong
• Even if it wasnt your fault.
• Be careful!
• Landlord can make you pay but not let you stay if
  you fail to provide a guarantor

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The Lease

• The most important document youll sign this year.

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Leases 2 Types

• Traditional Lease
• You and your roommates are on the exact same
  lease. You are 100 responsible for yourself AND
  your roommates.
• Bob and Joe sign a lease. Joe quits school in
  December and moves back home with his parents.
• Bob is now responsible for paying the ENTIRE rent
  or he will be evicted.
• Individual Lease
• You rent one bedroom in a large apartment and
  share a common living and kitchen area.
• Bob signs a lease for bedroom A in a 3 bedroom
  unit. Joe and Tom are assigned to be his
  roommates. Joe quits school in December and
  moves home. Bob doesnt have to worry about what
  Joe does.
• The landlord can now move a new roommate into
  Joes old bedroom.

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Things to Look for in all Leases

• Rent and deposit amounts are accurate
• Owners name and address provided
• Emergency contact number
• Sublease and early move out terms/conditions
• Pest control - who is responsible?
• Watch out for
• Non-refundable fees
• Required cleaning or professional services
• List of possible charges/fees

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Sign the Lease.Keep a copy!Keep a copy!Keep a
copy!
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Move In More than just unpacking

• Pick up the keys and immediately inspect the
  apartment
• Take pictures of everything
• Better yet use an app like RentRhino
• Fill out inventory form and turn in within 48
  hours
• Keep a copy!

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Move Out More than just repacking

• Must give written move out notice
• Lease should specify how many days (30, 60, etc.)
• Keep a copy!
• Clean everything!
• Take pictures of your clean, empty
  apartment apartment (RentRhino)
• Ask landlord for walk-through
• Turn in keys and give written forwarding address
• Keep a copy!

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Wheres my money?

• If you gave written move out notice and a
  forwarding address, the landlord must refund your
  security deposit within 30 days
• Forgot to give written move out notice?
• You might lose your money
• Forgot to give written forwarding address?
• You might lose your money

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Repairs problems

• Put it in writing!

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Problems in your apartment?
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Which of these must the LL fix?

• Loud train crossing keeps you up at night
• Broken tanning beds or workout equipment
• Shuttle bus stops running
• Scuff marks on walls
• Stained carpet
• Broken dishwasher
• Roaches or mice
• Broken air conditioner

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Health or Safety

• Material effect on your health or safety
• Inconvenient or ugly vs. health or safety
• Crowded parking lot vs. Unlit parking garage
• Noisy dishwasher vs. clogged sink drain
• Seek the advice of an attorney

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Requesting a Repair

• Law requires that it be in writing AND mailed
• Email does NOT count as writing or mailing
• Texas law gives two options
• Send letter, wait 7 days. If no response, send
  letter again and wait another 7 days.
• OR, send first letter via certified mail with a
  return receipt. If no response after 7 days, see
  a lawyer.
• Landlord can require that you ALSO give them
  notice via the web or email
• Hence, you have to tell them twice.

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How to Request a Repair

• Type a letter
• Address it to owner
• Date it
• Tell them what apartment you live in and what the
  problem is, how long has the problem existed
• Ask them to repair the problem within 7 days
• Mail it with a STAMP (or certified with return
  receipt)
• Keep a copy!
• How will you prove that you sent a letter if you
  dont have a copy?

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Making Repairs

• Law says within 7 days of notice is reasonable
  amount of time to begin repair
• Each case is different and fact specific
• Leaky toilet vs. Leaky roof
• Professional landlord vs. Mom Pop rental
• Do I have to let the landlord fix it?
• Yes. Law gives LL several chances to correct the
  problem and maintain the lease.

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Common Problems

• Apartment not as pictured
• Parking sucks
• Landlord wont call you back
• Hate the roommate you were given
• Roommate didnt pay bill
• Your boyfriend is always there should you pay
  more?
• Rent a house. Does master bedroom pay more?
• Roommate spent the security deposit check

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Renting Houses in San Marcos

• Single Family Ordinance
• Houses in these areas cannot have more than 2
  unrelated people living there
• Landlord does NOT have to disclose this to you
• City of San Marcos CAN force you to move

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Technology to the Rescue!
Available on iPhone and Android
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Questions?

• Attorney for Students
• LBJ Student Center 5.105
• [phone]
• http//attorney.dos.txstate.edu/
• Follow us on Facebook
• Twitter _at_ TXST_AFS