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What I Need To Know About Renting

Renting or Buying My 1st Home :: What Every Renter Should Know
anne

WHAT EVERY RENTER SHOULD KNOW

By: Anne M. Frayne, Esq.
Myers & Frayne Co., LPA

First, read your lease.  Don’t make any assumptions about what is in the lease.  Regardless of what the leasing agent or rental manager may say, the lease is what will govern your relationship with the landlord.  There are a couple of things to watch out for:

1.
Are you obligated to pay any of the utilities?  This obligation could be a substantial increase in your budget, especially during the winter months.  If you do have an obligation to pay utilities, ask for documentation as to what the utilities charges have historically been for the rental unit.
2.
Are there any other hidden costs in addition to rent?  Do you have to pay a recreational fee for use of the pool, tennis courts, or other recreational amenities?
3. If the landlord permits pets, do you have to pay an additional pet fee?  This could run up to $20 per month.
4. Do you have to pay an extra fee for the use of a garage, parking space, or storage unit?

Second, will any appliances be provided with your rental unit?  You may look at a demo unit which is totally furnished.  Review the lease to see if the landlord is providing a refrigerator, range, oven, washer, dryer, or any other appliances that you are expecting.

Third, many landlords restrict the rental unit to the tenant signing the lease.  If you have a family member or friend who is intending on living with you, you could be in breach of the lease on the first day of occupancy.

Some landlords restrict rentals to adults only or senior citizens in certain circumstances.  If you intend to reside in one of those projects, you will be in breach of the lease if you have any children (whether they are yours or someone else’s) residing with you.

Fourth, pets can often be a problem.  Many landlords do not permit pets.  If the landlords do permit pets, you are typically responsible for any damage.  This includes replacement of carpet if there are pet stains, replacement of doors or woodworking from scratches, and repainting for any other stains.  Pet smell fumigation would also be your responsibility.  Don’t assume that your security deposit will be sufficient to pay for any damage caused by your pets.

Fifth, security deposits are in general to secure the landlord for any damages to the premises.  They are not a substitute for you being late on your rent.  A frequent mistake by tenants is if they have a bad month, they do not pay their rent and assume their security deposit will take care of it.  You will be in breach of the lease and subject to eviction if you do not pay your rent even if the landlord has a security deposit from you.

Sixth, you have close neighbors.  Accordingly, noises that may not be a problem residing in the country or in a home with a substantial yard become problematic in an apartment project.  Neighboring tenants often make complaints about barking or yelping dogs, crying babies, yelling, loud music, use of tools (especially power tools), or any loud noises.  The typical lease will prevent such noises.  Even if your lease does not prevent such noises, you are subject to complaints about “disturbing the peace” if noises from your apartment become a nuisance to your neighbors.

Seventh, regardless of your lease, under Ohio law, residential landlords have the following obligations:

1.
Must comply with all applicable building, housing, health, and safety codes.
2.
Must make all repairs to keep premises in fit and habitable condition (unless caused by tenant).
3. Maintain all electrical, plumbing, sanitary, HVAC, and elevators (unless damage caused by tenant).
4. Provide reasonable notice for entry and enter premises at reasonable times.

If a landlord is not performing the obligations, contact the landlord, local ombudsman, or attorney.

Apartment life can be fun, exciting, and a wonderful way to make new friends and acquaintances.  It is a way of life in many big cities and in Europe.  In dealing with neighbors and landlords, the golden rule (do unto others as you would have them do unto you) is a good maxim to follow to have an enjoyable experience as a tenant.

Myers & Frayne Co., LPA
18 W. First Street, Suite 200
Dayton, OH 45402
(937) 224-0077
www.myersandfrayne.com

Frayne,Anne/General
WhatEveryRenterShouldKnow
9/4/09/2/bnr
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