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What kinds of leases are there? Can my parents or guardian sign for me? I’m a foreign student what do I have to have to rent an apartment? Do I have to fill out the Inventory List? Are there clauses in the contract I should question? Basically, what are the most important clauses in the contract? Do I have a right to ask the manager about any questions I might have? What are my rights and responsibilities? What are the landlords rights and responsibilities? I have to break my lease. What should I do? Do I have to have renter’s insurance? I have to have a roommate? How do I find one? Why should we have a roommate agreement? What are some the things we should discuss? Where can I find a copy of a roommate agreement? This is not working out, where should I start to try to work things out? I’ve done everything I can, I need help! Where can I go? What is Legal Services for UT Students? What is The Austin Tenant’s Council? How do I contact the Austin Apartment Association?
Welcome University of Texas students looking for off-campus housing: Apartments, Condos, Duplexes, Co-ops, and more being added all the time. This site is updated daily so if you’re looking keep checking. Finding the place for you: Fill out the search form on this site, then you can email or phone the complexes that are of interest to you. Or browse the site to look at all the possibilities There are, also, links to other sites from austinhousing.com Once you have found the place you want to live contact them; they will give you an application to fill out. They usually require a deposit, so don’t fill out the application until you’re sure. This reserves you a place at that complex.
Information on leasing Two types
of Leases A lease is a legally binding document, don’t rush through it. Take your time and understand what it says. 1. A joint and several lease means that each signer is responsible for the entire rent. If a signer of the lease leaves the other signer(s) pay the entire rent due monthly. 2. An individual lease means there is a separate agreement for each signer. If a roommate leaves, the manager rents the space vacated. A word on oral leases: Oral leases are legal in the State of Texas, but while you are not signing your name on a contract, remember the landlord isn’t either. For example, with a written lease the rent cannot be raised unless there is an escalation clause, or you cannot have your lease terminated before the agreed upon date if you have a written contract.
To rent an apartment you must be able to qualify. Most complexes will accept a guarantor if you cannot meet their financial qualifications. In the case of a student this is usually a parent or guardian. The guarantor must be a US citizen, and is equally responsible and liable for the terms of the lease. For International Students Have an extra copy of your financial guarantee as evidence of
your ability to afford a years rent. You
do not have to show your immigration documents to your landlord for any reason.
The Security Deposit This is an amount of money you pay in advance, before you move in. It is kept by the complex until you move out. If part of your deposit is going to be used to maintain your apartment (such as flea control) it must be stated in the contract. When you move out the security deposit will be returned in full provided you return the premises in which you have lived in good condition (normal wear and tear does not count against you). If part or all of the deposit is not going to be returned, an itemized list of repairs and expenses must be presented to you. The Inventory List This form is given to you when you move in. It is detailed and it can be a pain, but it is to your advantage to go over the place where you are going to live carefully. Make a note of anything that is not as it should be, and bring it to the attention of the manager. If repairs need to be made, get it in writing. If you’re willing to accept a problem, get it in writing so you won’t be blamed for it later. If the manager is going to do anything to improve the space, get it in writing. Sign anything that you and the manager agree to and keep a copy. Then if there is a disagreement you both have a reference. A little time taken here can save headaches later. A property owner has the right to enter your home to make repairs, or in an emergency. However, a property owner should not be able to enter your home at anytime without notice. If there is a problem that must be resolved by lawyers you should not be automatically liable for attorney’s fees. There are repairs that the complex will make for which you are not liable. You are responsible for damages that occur because of the destructive behavior of you or your guests. Rules made after you have signed your lease should not apply to you.
Some important clauses in your lease Name and address of the property owners - or whoever is their legal representative. Description of the Premises - Full address and a description of the premises and its contents. Terms of the Agreement - The exact beginning and ending dates of your lease. Rent - The amount, how it will be paid, the date it is due, and penalties for late payment. Security Deposit - The amount and the conditions for a full refund. Alteration guidelines - What you can and cannot do to alter your living quarters. Usually, prior consent is required before any alterations can be made. Repairs and Maintenance - What is the owner responsible for repairing? This part of the lease will include information on how to request repairs. If the lease dos not have this provision the renter is usually responsible. Do not accept a verbal promise that repairs will made made. Get is in writing. And, as usual, make a copy for yourself. Utilities - Who pays for the electricity, gas, and water? Rules and Regulations - What are the rules of the complex, and what happens if you break them? Joint and Several, or Individual - Which type of lease are you signing? Contractual Lien - If you fail to pay your rent, most leases
allow the manager to enter the apartment and seize luxury items (televisions, radios,
computers, CDs etc.) To be valid this
provision must be underlined or in bold print in the lease. Rental Escalation Clause - this clause specifies the amount and conditions under which the manager can raise the rent during the lease term. Many times if you object to a clause is can be modified or in some cases deleted. Once again, sign and keep copies. It is not impossible to change a lease after it is signed, but it can only be done if the owner or manager is willing to negotiate with you. Try to deal with any questions you have before the lease is signed.
The lease is a shared responsibility. Both you and the landlord have rights and responsibilities. You have the right to live in a clean and habitable abode without worrying about being hassled by other renters or the landlord. The landlord has the right to expect the unit in which you live to be returned in reasonable condition. Because you have the right to “quiet enjoyment.” Other neighbors have the same right. The landlord has the right to require you to allow your neighbors the same rights that you enjoy. In return for paying the rent you can treat the unit as your castle, and a place of refuge. The landlord has the responsibility to maintain it, and should not be able to enter your home without your permission.
The unthinkable has occurred and you feel you must break your lease. First of all, don’t assume nothing can be done, and just walk away. That is the most personally harmful decision you can make. Moving out before your lease expires is a breach of contract, and the property owner may be entitled to damages that could amount to more than the rent you owe. Also, this could damage your credit rating for years , making it difficult or impossible to obtain credit. 1. There is a solution, the challenge is to find it. 2. Talk to anyone involved and try to work your way through whatever the problem might be. This might be a good time to talk to a mediator or a counselor. 3. There may be ways to
reduce your risk. Try to negotiate with
the manager to see if there is a way you can terminate your lease. a. One solution is to re-lease. You find a person that is acceptable to everyone involved - the new roommate, other roommates, and the manager. A new lease is created for the new roommates, and you are released from all liability. Your part of the security deposit will be returned within 30 days. b. Another option is to sublease your part of the agreement. Find out if the landlord will allow you to sublease. With a sublease your responsibilities do not end until the expiration date of the lease. If your sub leaser does not pay the rent, you’re liable. If your sub leaser is destructive, you’re liable. You cannot receive your part of the security deposit until the lease expires.
The landlord insures the building, not the buildings contents. You are responsible for insuring your personal possessions. Usually your parents’ or guardian’s homeowners insurance will cover you while you’re away at college, but be sure to check. This type of insurance is not expensive and is well worth it. Are you going to be a roommate? In England apartments are called flats, and many homes have been divided into flats. A vacancy is advertised and you would apply perhaps to three or four people who already live in the flat. Here is a quote from the English author, Dick Francis, from his book, The Edge, The main character has found a place to live, and this is what he says about the rules of the house. “The house rules were simple: pay on the dot, show good manners at all times, don’t pry into others’ business, and don’t let an overnight guest clog up any of the bathrooms for hours in the morning.” If you are looking for a roommate there is no guarantee you’re going to find a perfect match. Here are a couple of ideas to help you in your search. One of the apartment complexes that do an individual lease can usually find you a roommate. Meet as many people as you can at the orientation you attend. If you are an International student call the International Office at 471-1211. There may be other students looking for roommates. The kiosks around campus sometimes have information on other students who are looking for roommates. There is one in front of the Union. There are many websites that are set up exclusively for this purpose. As your prospective roommate is also looking at you as a prospective roommate are there things that are eccentric or downright peculiar about your habits this person ought to be aware of? You’re going to be the roommate of your roommate.
If you arr going to live with others, it’s reasonable to have an agreement about issues that have a habit of cropping up. The most common problems that have occurred with roommates are the following:
Some other things to do.
When you fill out the roommate agreement keep these ideas in mind, and discuss them and any other problems you and your future roommate(s) think might occur. (uses Adobe Acrobat reader..click here to download if you do not already have it) Even with the best of intentions, there can be disagreements and problems. Most situations can be cleared up by talking to the person involved: the owner or manager, a roommate etc. If the differences can’t be resolved by discussion, and you feel you need outside help here is an outline of what you can do. Keep a running log of the situation. Start by writing down how the situation developed, and what attempts you have made to resolve it. Then document everything that happens. He said, she said, I said….dates, times, and any particulars. When you send this information to someone make a copy, and send them the copy. Then call the Austin Tenant’s Council, and check out their web site.
Places you can go for assistance. The Austin Tenant’s Council - 474-1961 http://www.housing-rights.org The Austin Apartment Association - 323-0990 Legal Services for UT students - 471-7796 http://www.utexas.edu/student/lss/ The Austin Tenant’s Council - The phone is busy, a lot; there is definitely a need for more people to help. Their web site is informative, and should be of help. The phone is answered by trained counselors who can discuss with you your options, and refer you to the proper place. No attorneys are on staff, and legal advice is not offered, but they know how to get you started. The Austin Apartment Association - Call them first, they will send you some information to fill out. Again make copies of everything! Legal Services for UT Students offers free legal advice to UT students. To use the service you must come to the office in person, with a valid student ID. Call ahead, or just drop in. The address is 100 W. Dan Keeton St., Rm 3.410. Legal Services for Students offers free legal advice on any issue. However, LSS attorneys cannot advise in disputes with The UT System, other UT students, tax matters, or immigration matters. They may represent students in civil claims involving landlord-tenant disputes, employment claims, auto accidents, auto repair problems, insurance problems, and other consumer-related problems. LLS attorneys do not give legal advice over the telephone or by email.
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