Disclosed "bad" information will usually be considered less important than undisclosed "bad" information uncovered by the landlord. For example, a disclosed previous bankruptcy will likely not prevent approval of an application, but when the landlord finds a non-disclosed one (almost a certainty), he may feel that you were being dishonest and an eliminate your application from consideration.
Similarly, disclosure of a relatively minor criminal record, particularly in the distant past, will not likely eliminate your application from consideration, whereas, discovery by the landlord more likely will.
Be sure to mention factors that might have been the cause of your current or recent past financial situation. For example, divorces and heath matters are often understood by the landlord and may not prevent consideration of your application based on other factors, particularly if you can show evidence of the problems and convince the landlord that you are working your way out of the situation.
The one thing that will be hard for a landlord to ignore is a history of being a "bad" tenant. An applicant with a good rental history in spite of other financial problems may still be acceptable. An applicant with a record of non-payment or regular late payment of rents, or with a history of Court filings related to rental or eviction may have a serious problem no matter what his other financial history is.
Accordingly, tenants must make payment of rent a priority above almost every other obligation in order to be sure that they will be able to keep a roof over their heads.
Finally, if you think that you might be unacceptable or only marginally acceptable due to your current or past financial circumstances, find a close friend or relative who is willing to be a Guarantor of your rental agreement. In order to ensure that you remain under consideration in spite of your condition, volunteer to do so up-front.
Signing the Rental Agreement (Lease)
Try to get a copy of the document that you will sign as soon as it appears that you might be the chosen applicant. Read the document carefully and make notes about any items that require clarification. Don't hesitate to get help from someone who might be more knowledgeable than yourself -.for example, a real estate agent.
Whether you study the Rental Agreement ahead of time or, as is often necessary, see it for the first time when signing it and turning over your money, certain items require special attention.
Late charge terms - notice the length of any grace period, the period (often 3 to 5 days) during which financial penalties will not be charged even thought the rent is late.
Security deposit terms - is all potentially refundable or is some non-refundable?
Responsibilities for maintenance - who is responsible for carpet cleaning, and plumbing repairs, and, for the case of a single-family house, watering, trimming and mowing the lawn and maintaining the pool.
A checklist will usually be used by the landlord or manager when you move in and when you move out. In some states one is required by law. The document can be anything from a short one-page form that states the condition of the property in general (maybe even vague) terms to a detailed page for each room and other areas of the property. Whether the landlord uses a checklist or not, it is important that you use one of your own.
If possible, you should see the checklist and approve the condition as stated therein before signing the lease and handing over your money, but this is often not possible because the landlord or property manager may not have yet filled it out. In any case the checklist issue will be discussed in detail below.
Moving In
It is very important that you document any and all defects or deficiencies at the time you move-in, whether the landlord provides a checklist or not. You should do a thorough inspection as soon as possible after you can, when you get possession of the property if not before. If a checklist is provided, you should still complete one of your own so that you can put into your own words what you see and add further detail.
We provide a very detailed multi-page checklist for our members in our Forms Web. This printable checklist provides a separate page for each room and also covers other area including garage, etc.
It is highly recommend that you also document the property using a still camera or a video camera. Having a friend witness the checklist is also worthwhile.
Finally, if you find any discrepancies not covered in the landlord's checklist you should write a letter to the landlord in which you list the items. If you have completed a checklist of your own, enclosing a copy of it will reduce the amount of writing required in your letter. It is important that you provide this documentation to the landlord as soon as possible. It is best that you either hand-deliver it or mail it with proof of mailing, making a written memo of the date and manner of delivery. Be sure to keep copies of all documents, including photos.
Living In The Rental
You will be responsible for damages caused by you or others residing in the property or visiting as your guests or agent. This would include your children and vendors hired by you to do work on the property. You will normally be responsible for improper repairs performed by you or workers hired by you.
However, you should not be held liable for damages by anyone visiting the property on behalf of the landlord. This would include repairmen hired by the landlord as well as any other of his agents. For damages that are not your responsibility, you should document the problem with a letter to the landlord, enclosing copies of photos if possible.
Moving Out
Be sure to give notice of your pending departure in accordance with your Rental Agreement. Many Agreements will require that you give 30 days advance notice even if you are leaving at the end of the term of the Agreement. The notice should be in writing. It is best that you either hand deliver the documentation or mail it with proof of mailing, making a written memo of the date and manner of delivery. Be sure to keep a copy of the notice.
As when moving in, it is important to document the condition of the property when moving out. Again, completing the checklist and taking photographs provides protection. You should also be sure to schedule a walk-thru inspection by the landlord and be present at that inspection and request a copy of the landlord's check-out list upon completion.
The documentation that you should have generated regarding condition of the property when you moved in and when you moved out will become very critical if there is a dispute about the return of your security deposit or, even worse, if the landlord demands compensation beyond the amount of your deposit.
First, the fact that you have good documentation will often prevent an unscrupulous landlord from pursuing the issue.
Second, reciting the history of written documentation previously provided to the landlord will refresh his memory regarding the fact that you have documentation.
Third, if the matter ends up in the hands of the landlord's attorney, the documentation may convince the attorney that the matter shouldn't be pursued even though the landlord prefers to ignore the facts.
Finally, if the matter ends up in Court, extensive documentation will be crucial to convincing the Judge that you are right.
Summary
In conclusion , if you read the above carefully, you will note that much about having a trouble-free life as a tenant is based on written documentation. This is also true of many other aspects of modern life. From filling out a rental application to leaving one property for another, it is important to read, write, transmit, and save documentation. Doing so will help you to avoid many problems as a tenant as well as in other arenas.
Some of the documents you should have relating to each property you rent are:
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Copy of your application
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Copy of your lease or rental agreement
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Move in checklist
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Lead-based paint documents, if the building was built prior to 1978
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Copies of any and all requests for maintenance and repair
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