Ten Worst Lease Terms Found in Many Denton Apartment Leases

Read the following to learn about lease provisions that can cost you a lot of time and money:

1. The tenant/student is jointly and severally liable (as well as the student’s guarantor) to the landlord for any damage done to the apartment, even if the damage is done by a roommate or a guest without the student’s knowledge or the student being at fault.  The tenant/student promises to hold the landlord harmless and indemnify the landlord for any claims made against the landlord. In other words, if a guest in the apartment gets injured and sues the landlord, the landlord can sue the tenant/student (as well as the student’s guarantor) for any landlord liability to the guest and for the cost of defending the lawsuit.
2. Notice provision that requires the tenant/student to provide timely notice that the tenant/student is vacating the apartment at the end of the lease in order to avoid the lease being automatically renewed with the tenant/student being potentially liable to pay rent for an entire new lease period.
3. When the landlord requires a lease to be signed in order to apply for a lease, but denies the tenant/student the right to move in should the tenant/student fail to qualify to become a tenant. Then, the landlord tries to collect rent for the entire lease, even though the landlord refuses to allow the student to move into an apartment.
4. Paying a re-letting fee is not a release, so if tenant/student leaves before the lease is up, but provides a replacement tenant, the tenant/student is still liable on the lease should the replacement tenant violate it (such as not paying rent).
5. Failure to pay the first month’s rent on time, even if it is due before the tenant/student moves in, accelerates all rent payments to be due immediately.
6. The landlord is allowed to get attorney’s fees in a lawsuit against the tenant/student, but the tenant/student waives any right to claim attorney’s fees in a lawsuit against the landlord.
7. Lease addendums and provisions that set out apartment rules and conditions that the tenant/student must follow, but that the landlord is not required to enforce against other tenants who violate the rules to the detriment of the tenant/student.
8. The tenant/student agrees that any violation of the lease by the tenant/student allows the landlord to report the tenant/student to credit reporting agencies without first obtaining a court judgment against the tenant/student.
9. The landlord can force the tenant/student to move to another apartment in the complex on short notice, but that the tenant/student must request a transfer (which can be denied) and pay a transfer fee to move to another apartment in the complex.
10. The tenant/student is not released from liability for the payment of rent for the remainder of the lease, even if the tenant/student dies!

Read a lease carefully before you sign it and beware of signing a lease with provisions that are on the 10 worst terms list. You should consult an attorney before signing.