Some leases are so last century; look for modern details

Question: I was asked to sign a lease that seems outdated. What should a lease include these days to protect a tenant?

Answer: Leases, also known as rental agreements, establish your rights as a tenant and are proof of rental circumstances. Leases from the last century usually cover the basic nuts and bolts, but newer ones should address newfangled inventions, such as remote controls, intercoms and security codes. Laws have evolved and should be reflected -- for example, regarding lead notification and mold.

Since older leases sometimes neglect to mention modern details, misunderstandings can be a problem. As a result, tenants are sometimes at a loss when a building is sold or management changes, especially if there were verbal understandings, such as assigned parking. Other problems arise from daily living issues, such as parking usage.

What should a modern lease include?

* Besides listing the exact mailing address, the start and end date of the lease should be specified. Some leases even specify what time of day they terminate, which saves you from being charged for an extra day if you depart by the listed time.

* Rent. Be sure the lease spells out the exact rental amount for the unit and when it is due. Sometimes a discount is given for various reasons. Some leases provide a grace period, such as three days, before a late fee kicks in. Move-in costs should be detailed too. If rent is pro-rated, the lease should indicate the amount. Be sure the amount of payment received by the landlord is detailed, along with the type of funds used, such as check, cash or money order. A money order or check is a safer bet for tenants to use at move-in, and a copy should be made before handing it over for payment.

* Security deposit. This is the most contentious matter between landlords and tenants at move-out. The amount and usage should be explained in detail in the lease. Deposit amounts are usually limited by law, usually as a multiple of the actual rent. For example, in California the deposit cannot exceed two months’ rent for unfurnished premises or three months if the unit is furnished.

Some states have distinct laws regarding the use of security deposits, including how, when and where they are to be applied. A lease cannot mandate rules that are against the law. For example, if the lease requires leaving a nonrefundable deposit, state law invalidates that clause.

* What’s included and cost of replacement. A security building may require a remote control for garage entry, plus a security key for entry to the building. If the lease doesn’t specify the number of remotes issued, and replacement cost, there could be a problem when the landlord claims you were given three remotes.

* Pets. Sneaking a pet in may seem like a harmless act, but some leases stipulate that no animal can be kept “on or about the premises without landlord’s prior written consent.” Some leases don’t touch on the subject, which causes a problem if the landlord later says pets aren’t allowed. Be sure pets are mentioned in the lease.

* Fees. Returned-check and late-fee amounts should be explained, along with when they apply. Late- and bounce-fee amounts are often regulated by state law.

* Parking. Included or not? If included, where is the assigned spot? The number of spaces should be detailed as well. Is there an extra fee for parking overnight or if there is a guest?

* Maintenance. Who pays for what? Maintenance requirements for all items included with the unit should be clearly explained in the lease.

* Entry by the landlord. Once casual and not mentioned in leases, specific laws in some areas now delineate entry, which should be reflected in the lease. As a rule, emergency entry is allowed. Nonemergency entry should be defined.

Use common sense when checking out the lease, and read the details line by line. Speak up if you have any questions or notice something missing.

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