Philip W. Boyko Real Estate Law Blog on Lawyers.com

As a lawyer, I am often asked to review contracts of all kinds.  Hopefully, the client is asking me to conduct that review prior to the signing of the written lease contract.  Unfortunately, that is not usually the case, and especially so in the situation of a residential lease.  For some reason, clients fail to send the residential lease to their attorney, somehow believing that the contract is not subject to negotiation. This post is directed to those "future" tenants who I hope will at least consider sending that "form" residential lease to an attorney for review before placing their sinature on the document.

It is impossible to overemphasize the importance of the written lease. Your basic rights and duties, as well as those of your landlord, will be found in the language of the lease (you should never, by the way, rely on an oral lease). Think about it, if the landlord believes you have violated the lease,  the landlord will not only ask you to move, but he will also seek to hold you liable for future rent payments and other damages. With that liability looming, many people still sign the lease without carefully reading it.  Perhaps it is because the landlord told them that it is the "standard" lease form (don't believe them) that everyone signs. That statement alone should cause you concern. Never sign the lease without reading the entire document and understanding all of its provisions.  This means that in most cases you are going to request a blank form of the lease to review away from the landlord. Once you sign the lease, you will almost always be bound by its terms and you will have lost any chance to change any of those terms.

On the other hand, you can modify a lease before you sign it, and almost any portion of a lease can be modified, provided that the landlord agrees to the modification. An attorney knows this and will probably suggest several changes on your behalf. However, because history tells me you may not seek legal help before you sign the lease, here are my suggestions when you do it on your own:

• first and formost, do not be afraid to request changes that seem reasonable to you - remember, everything is negotiable
• make all changes in ink and make sure the landlord initials those changes
• DO NOT leave the landlord's office without a copy of the final lease agreement
• changes are often written on a separate page that is then added as an attachment to the lease - if so, both you and the landlord should date and sign that additional page
• anything you want fixed, replaced, or repaired should be requested in writing and placed in the lease - do not rely on the verbal promise of the landlord to take care of it after you move in
• make sure the lease contains a provision requiring the landlord to repair or remedy any condition that affects your health or safety - NO EXCEPTIONS
• if the landlord has the right to enter the premises under certain circumstances, be sure the lease contains a provision requiring the landlord to leave behind (if you were not there) a document stating the time of entry, the reason for the entry, the person(s) who entered, and the time the person(s) left the premises
• if the landlord mentions some "house rules and regulations" that are not part of the written lease, ask the landlord to write them down and to sign and date the document

The above suggestions are only some of the numerous items you can neotiate in a lease. Remember, the best thing to do is to have the lease reviewed by an attorney before you sign.  The 2-3 hours of time spent by the attorney can save you thousands of dollars down the road. If you nevertheless plan to "go it alone," at least ask me for a copy of the "Tenants' Rights Handbook" published by the Texas Young Lawyers Association.  The publication is free and contains many of the comments contained in this post, as well as numerous other helpful comments.

Nothing in this post should be considered legal advice. Let's face it, chances are good that you don't know me and I don't know you. My aim is simple - to provide the reader with some useful, but general information about the topic. Do not rely on any information in this post without some asurance that the material is still current and applicable at the time it is read. If you want a legal opinion that has some teeth, consult your personal lawyer about your particular circumstances. If you don't have a lawyer and like what you see here, perhaps you should contact my law office to determine if I might be a good fit for you. To do so, simply click on my name above and you will be directed to my web site, or you can reach me by telephone at (713) 626-2221 (messages left during non-business hours will be returned no later than the next business day). When responding, please refer to this Blog No. 47.