Pointers for Leases and Renting Property

  • Published
  • By Rhiannon Meyer
  • 319th ABW/JA
There are many pitfalls a person can fall into when renting or leasing a dwelling.  Common problems include signing agreements they did not read, disputing with a landlord regarding needed repairs, and not reporting pre-existing damage.  A general rule of thumb to follow is to always read your lease before signing it.  While there is established landlord-tenant law in North Dakota, that law can change through the terms of the lease.  This can greatly affect your rights and abilities as a tenant.

Here are some other tips to keep in mind when renting or leasing a property:

* Inspect the property before putting any money down or signing the lease.  Under North Dakota law, a landlord is required to give a prospective tenant a statement detailing the current conditions of the property.  When you inspect the property, note any damage on the statement. Both the landlord and tenant are required to sign this statement once the inspection is completed and the property has been inspected.  Except for normal wear and tear, you will be responsible for any damage not recorded on the statement.

* Talk with your landlord to fully understand his or her policy on security deposits. A landlord can ask a tenant to pay a security deposit equaling one month's rent.  If you have a pet, the landlord can also require a pet deposit.  Find out how your security deposit will be used.  For instance, will it be used to repair damages to the property caused by you or your guests?  Will it be used for unpaid rent and cleaning costs?  If not, you may have to pay these expenses out of pocket.

* For added protection, ask your landlord to include a military clause in the lease.  While you already have certain rights under the Servicemembers' Civil Relief Act (SCRA), having those rights listed in your lease provides you with additional protection.  However, your landlord is under no obligation to agree to include a military clause in the lease.

* Always notify your landlord of any needed repairs in writing.  Your landlord is allowed a reasonable amount of time to complete the repairs, but if he or she fails, you may make the repairs yourself and deduct the costs from your rent.  However, you must notify your landlord of your intent to make the repairs yourself.  Another option is to sue your landlord for the repairs and other expenses in small claims court.  Finally, if there are serious needed repairs or housing code violations, you may terminate the lease and vacate the premises.  However, there are few circumstances that justify breaking your lease for failure to make repairs and you should make an appointment to see a legal assistance attorney prior to exercising this option. 

* Be aware that a landlord may increase the rent at the end of your lease period.  If you have a month-to-month lease, the landlord may increase the rent at the end of each month.  In the event of a rent increase, the landlord is required to provide you a written 30-day notice before the rent is raised.  If you disagree with the rent increase, you may give the landlord a 25-day notice to terminate the lease at the end of the month.

* Research your state and county's housing codes.  Both landlord and tenant are required to comply with these codes.  The landlord's duties include making sure the property is habitable. These can range from repairs to keeping common areas clean and safe, as well as installing smoke detectors in each unit.  Your duties under these codes consist of removing garbage regularly, refraining from disturbing other tenants, and utilizing the building facilities in a reasonable manner.

Remember to research the property you are thinking of renting.  Look into the renting company and educate yourself on your state or county's housing codes as well as their landlord-tenant laws.  Educate yourself so you can make informed decisions.  This will be the best way to avoid future problems.

For more information, get a copy of the booklet called 'North Dakota Landlord/Tenant Rights' from the North Dakota Apartment Association, toll-free at 1-800-990-6322 or online at www.ndaa.net.