Are you planning to rent an apartment in Yonkers? If so, you will be looking for properties that fit your budget. Though you can find many good properties through Miroza Rentals in Yonkers, there are a few things you should know before renting an apartment. In this blog post, we will highlight some FAQs that help you make rental apartments in Yonkers a breeze.
Is A Written Lease Agreement Required?
Yes, a written lease agreement is always a good idea. Putting it in writing can help to avoid future disagreements and misunderstandings. Although oral agreements between tenants and landlords regarding the use of their property can usually be legally enforced, it is difficult to verify the terms because each party may remember them differently. A lease or rental agreement is an important document that can uncover essential things such as:
- Tenancy length
- Rent and deposit amounts
- Max residency of the rental apartment
- Utility payments and maintenance responsibilities
- Pet policies
- Subletting policies
- How much access the landlord has to the rental property
- Who will pay the attorneys’ fees if a lawsuit is filed over the meaning or implementation of the lease or rental agreement
What is the Difference Between a Rental and a Lease Agreement?
A rental agreement is a short-term tenancy, usually lasting around 30 days, and the contract is renewable at the end of the tenancy period. With proper written notice, the landlord can add or change some terms in the agreement on a month-to-month rental.
A written lease, on the other hand, has a set term. It can range from six months to a year or more, as long as the rent is paid and the lease terms are followed. Unlike in a rental agreement, the landlord cannot change the lease terms during the lease period unless the tenant agrees.
When a lease is up, it won’t automatically be renewed. If the tenant wants to stay and the landlord agrees, the agreement can be renewed for a set amount of time or become month-to-month, with the tenant still having to follow the lease’s rental terms.
Is There a Limit to How Much a Landlord Can Raise Rent?
The amount of rent that a landlord can charge is not limited in most states. However, rent control ordinances in some cities and counties limit rent increases and regulate how much a landlord can charge (please see below). If a rent control ordinance does not apply, a landlord may raise the rent after providing proper written notice to the tenant. In most states, a landlord can raise the rent on a monthly tenancy by giving the tenant 30 days’ notice, though some states require 45 or 60 days’ notice.
Rent control ordinances keep rent increases on rent-controlled properties to a minimum. To increase the rent on leased property, the landlord must wait until the lease term expires unless the tenant agrees or the lease terms allow it. The landlord and tenant may enter into a new lease with new rent terms at the end of the tenancy, or they may continue the expired lease on a month-to-month basis.
Can a landlord charge a fee for being late?
Yes, a landlord can charge a late fee if rent is not received by the due date. Any late fees must be included in the rental or lease agreement. Some states limit the fees a landlord can charge, but even states with no restrictions will prohibit unreasonable late fees. A late fee of less than 5% of the rent is usually acceptable.
How Does Rent Control Function?
During World War II, the federal government instituted rent control and other price controls. It has since been banned almost everywhere. A few communities, including New York, have rent control ordinances. These municipalities have laws that limit the landlord’s ability to set rent, and the amount and frequency of rent increases. It also restricts a landlord’s ability to terminate a tenancy at any time. They must demonstrate a legal reason for termination.
Most city and county ordinances also permit landlords to raise the rent when a tenant vacates or if the Rent Control Board grants permission. Laws about rent control only apply to specific properties. These are usually older homes built before a particular date.
What Can a Landlord Demand as a Security Deposit? What is its function?
A security deposit is required in all states when a tenant moves in; the amount can range from one month to two months’ rent, depending on the state, and the deposit is held in a separate account. Deposits are typically used to protect the landlord from unpaid rent and damage other than normal wear and tear.
State law says that when a tenant moves out of a rental unit, the landlord must return the unused part of the security deposit to the tenant within a certain amount of time.
When is your Rent Due?
A landlord can make a tenant pay rent on any day of the month or more than once per month. Rent is usually due on the first of the month. If the due date falls on a weekend or a legal holiday in many states, the rent is due the following business day.
What Clauses in a Lease Agreement Benefit the Landlord?
The following are some examples of landlord-friendly provisions:
- Automatic rent increases based on increased landlord operating costs
- Utility meters that are shared
- An agreement to follow any future rules imposed by the landlord
What Clauses In A Lease Agreement Are Unlawful?
In many states, the inclusion of the following terms renders the lease or rental agreement null and void:
- “Hold harmless” clauses, in which the tenant waives the right to sue the landlord.
- A provision that waives the tenant’s right to a security deposit refund.
- A waiver of the landlord’s obligation to keep the premises habitable; and
- A provision granting the landlord unrestricted entry beyond what the law allows.
In addition, a renter should avoid signing a lease or rental agreement with blank spaces.
Miroza Rental makes sure to follow every guideline stated by the local laws. The main aim is to provide a smooth rental experience so people can stay comfortably in Yonkers.