Summer has flown by and many college students are immersed inschool. Some will be moving into their first apartments. Just as you need to study for your classes, you should do your homework before signing a rental agreement. Then sit down with your roommate(s) to agree on some basic rules. Apply your consumer smarts so that you don't end up fighting to receive your rent deposit back next spring or wondering how to give a dead-beat roommate the boot.
RENTAL AGREEMENTS
Before you sign a rental agreement, make sure you understand the terms and ask the landlord questions.
• Do you need to sign a lease or will you pay month-to-month? There are two types of rental agreements. With a month-to-month agreement, you can move out with at least 20 days written notice, but your landlord can change the rules or raise your rent at almost any time.A lease specifies the amount of time you must remain in the apartment and your rent can't be increased during that time.
• When is the rent due? What's the latest date rent will be accepted before a late fee is assessed? How much is the late fee?
• Is a deposit or fee required? How much is refundable? What is required to get the deposit back? If the rental agreement does not specify whether the money is a deposit or a fee, the law considers it to be a refundable deposit. Here are some typical fees and deposits:
Damage deposit ‑ applied toward any costs paid by the landlord to repair damage to your place done by you or others who were there with your permission.
Security deposit ‑ applied toward actual losses of the landlord that result from you not paying rent, damaging the home or otherwise violating your lease.
Cleaning fee ‑ applied toward the expenses of cleaning the place after you move out. Some landlords request a non-refundable cleaning fee. This means that no matter how clean you leave the place, the landlord will keep the fee.
Last month's rent paid in advance ‑ Technically not a deposit, but payment in advance of the rent for the last month you live in the place. It can't be used for anything but payment of that month.
Application or holding fee ‑ paid when you apply for a place or in return for the landlord's promise not to rent the place to another person before you move in. Usually, the landlord keeps a holding fee or deposit if you change your mind and don't move in.
• What utilities are included? How much is the average bill?
• Are pets allowed? If so, is there an additional fee or damage deposit?
• What repairs and cleaning will the landlord do?
• Does the landlord's insurance cover your personal belongings in the event of a fire or if the roof leaks? Tenants usually need to purchase their own renters insurance to cover theft. Some buildings require tenants to carry liability insurance in case they accidentally start a fire that damages the property, for example.
• Who takes care of the yard and shovels snow from the driveway?
• When is the garbage and recycling collected?
YOUR NEW PAD
Once you've decided on a place to live, be sure everyone in your home signs the rental agreement. Next, you should walk through and inspect the apartment before you move in. Complete a checklist describing the condition of the rental unit and any furnishings. You may want to also take photos as evidence. Both the landlord and the tenant should sign the checklist. This is important so that the landlord doesn't charge you for damage that was already there. When you move out, ask the landlord to inspect the unit with you. If that's not possible, take additional photos so that you have proof of how the place looked when you left.
A sample checklist is available on the attorney general's Web site when pointing your browser to the following: www.atg.wa.gov/ResidentialLT/MovingIn.aspx.
ROOMMATE AGREEMENTS
Many people can relay personal roommate horror stories. Whether you live with your best friend or a stranger, you need to take precautions to ensure you don't get stuck paying more than your fair share of the bill or wondering what to do when your roommate's new boyfriend or girlfriend becomes a permanent guest. The conversation may feel awkward, but it's better to talk through these issues before you move in together.
Draft a roommate agreement that answers these questions:
• How much will each roommate pay toward rent, utilities, cable TV or Internet service and other expenses?
• Who will occupy which bedrooms?
• Are overnight guests allowed?
• Is smoking permitted?
• How will you share shopping and cooking responsibilities? For example, will each roommate be responsible for his or her own food?
• How will chores be divided up? Create a schedule.
• Are parties allowed?
• Will you have scheduled quiet hours for studying and sleeping?
• How much notice must be given before a roommate moves out?
Include clauses that protect the remaining roommates if a roommate fails to pay rent or bounces a check, damages the property, moves out without paying, leaves property behind or commits a crime. Make sure everyone living in the home signs the agreement.
Keep copies of all your paperwork, including agreements and any receipts for deposits or rent paid to your landlord.
Washington's Residential Landlord-Tenant Act provides renters with certain rights and explains legal responsibilities of both tenants and landlords. Look online at www.atg.gov/ResidentialLT/default.aspx.
If you have a consumer complaint or inquiry, contact the Consumer Protection Division at www.atg.wa.gov or 800-551-4636. To suggest a future topic for this column, send an e-mail to asktheag@atg.wa.gov or write to "Ask the AG", Attorney General's Office, 800 5th Ave. Suite 2000, Seattle, WA 98104-3188. Previous columns are online at www.atg.wa.gov/askcolumn.aspx. For additional Consumer Protection tips, check out the Attorney General's All Consuming blog at www.atg.wa.gov/allconsuming.aspx.
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