Ask The Juris Doctor -
James A. Cioffi J.D.,
Attorney-At-Law
Tenants Beware
Dear J.D.;
I am interested in renting a
home and would like to avoid any heartaches. Can you give me some advice before
I sign a lease?
Respectfully, Louise
Dear Louise:
You will want to verify that
the person who represents that he or she is the owner of the property is
actually the owner of the property.
Recently a couple moved into a home after giving the “owner” first
month’s rent, last month’s rent and a security deposit. A month later the couple was contacted by the
actual owner and realized they were the victims of a scam. The person they thought was the owner had
broken into the vacant home, changed the locks and advertised it as a
rental. Within a week, the impersonator
had the funds from the tenant and left the area. With technology you can access the public
records in the county to verify the name of the owner of a property. Once you
determine the name of the owner, do not be afraid to ask for a photo identification
to verify the identity. You will be
asked to verify your identity so it is reasonable to ask the other party to
verify also.
Be aware that a residence may
be owned by a trust or a legal entity, i.e. a corporation, limited liability
company or partnership. In that case you want to verify that person acting on
behalf of the trust is the trustee or the person acting on behalf of the entity
is the officer, manager or partner authorized to sign the lease.
It is also advisable to
inspect the home to make sure all equipment and appliances are in working
order. Then document in writing all matters that need repair. Also make a visual inspection for mold in
dark places such as cabinets and closets – especially where the air handler is
located. Mold can even develop on a
wall exposed to a faulty sprinkler outside.
You do not want to live in a rental with a multitude of problems. The courts are filled with cases in which the
tenants and landlords have disputes about the condition of the property. Once a problem develops about a repair,
tenants often withhold the rent or take other action. Failure to pay rent entitles the landlord to
legal remedies so a standoff can ensue between the parties.
A lease is a contract and
each party has obligations. Be sure you understand the contents of a
lease. An attorney review of a lease for
you will clarify your obligations and those of the landlord. You do not want to
be told at a later date, “You should have read the fine print!”
Sincerely, J.D.
If you have a legal question in the area of real
estate, leases, wills, trusts, probate
or business law, please submit it to me at james@jcclaw.com.