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Renting an apartment w/o a lease?

Posted on 1/25/11 at 2:13 pm
Posted by npersa1
Austin, TX (#ATX)
Member since Jun 2008
2135 posts
Posted on 1/25/11 at 2:13 pm
Money folks, I turn to you for some advice.

I graduated from LSU in December and started work in Lafayette. I found an apartment here, and the landlord called me today to say I can have it.

He doesn't own many places, and he only rents a few properties. He said it isn't necessary to have a lease, but he can make one if I want.

My previous two places during college required a lease and background check type things. This guy is much more low key and just talked with me to get a feel that I'm responsible.

He said if I did sign one and wanted to leave early he wouldn't really hold me to it as long as I gave him a months notice. The place was very reasonably priced and nice, so it wouldn't be hard to find another tenant.

I'm not generally worried about getting shafted by him, but I wanted to ask what the advantages/disadvantages of having him create a lease would be?
Posted by Golfer
Member since Nov 2005
75052 posts
Posted on 1/25/11 at 3:04 pm to
SIGN A LEASE.
Posted by aupsh
Birmingham, AL
Member since Dec 2009
146 posts
Posted on 1/25/11 at 3:08 pm to
Dude, sign a lease or find another place.
Posted by npersa1
Austin, TX (#ATX)
Member since Jun 2008
2135 posts
Posted on 1/25/11 at 3:21 pm to
Is this overwhelming consensus just to protect myself?

Is there any advantage to NOT having a lease?

He said he was willing to write one, so it shouldn't be a problem.
Posted by CarrolltonTiger
New Orleans
Member since Aug 2005
50291 posts
Posted on 1/25/11 at 3:23 pm to
Why? What real protection does the written lease provide the unwritten month to month agreement doesn't? The guy just got out of college, how hard is moving in the owner wants him out in less than a year?

If the location is good and the price is right what does he have to lose? He's probably avoiding lots of standard clauses in the preprinted lease all in favor of the owner.

I don't see it as a big deal if he is comfortable with the location and the price. He also gets the right to get out if circumstances change.
Posted by npersa1
Austin, TX (#ATX)
Member since Jun 2008
2135 posts
Posted on 1/25/11 at 3:25 pm to
How solid is the unwritten month to month agreement -- he whole "verbal contract" idea?

I.e. so he doesn't come up to me in three months and say "oh instead of $500, it's gonna be $600." I doubt this guy would do that, but isn't it possible?
Posted by John Merlyn
Member since Oct 2009
2203 posts
Posted on 1/25/11 at 3:44 pm to
I kind of like not having a lease. Obviously depends who you are dealing with.
Posted by npersa1
Austin, TX (#ATX)
Member since Jun 2008
2135 posts
Posted on 1/25/11 at 3:45 pm to
quote:

I kind of like not having a lease. Obviously depends who you are dealing with.


What specifically do you like about it? I don't think this guy is going to screw me, but I could be wrong. The tenant before me lived there for 5 years.
Posted by jcole4lsu
The Kwisatz Haderach
Member since Nov 2007
30922 posts
Posted on 1/25/11 at 3:52 pm to
even if you want to go month to month, sign a lease to that effect. there are zero advantages to not having a lease.
Posted by TigerDeBaiter
Member since Dec 2010
10267 posts
Posted on 1/25/11 at 3:55 pm to
Why not write some sort of agreement for him to sign, if your worried bout it.
Posted by aupsh
Birmingham, AL
Member since Dec 2009
146 posts
Posted on 1/25/11 at 4:01 pm to
There is zero advantage for you to not have a lease, especially if, like you said, this guy was cool with you breaking the lease with a month's notice. The lease is in place to protect both the landlord AND the tenant. No question.
This post was edited on 1/25/11 at 4:02 pm
Posted by LSUAlum2001
Stavro Mueller Beta
Member since Aug 2003
47138 posts
Posted on 1/25/11 at 4:04 pm to
No lease means he can boot you out at any time without consequence to himself.

Signing a lease helps protect yourself.
Posted by jcole4lsu
The Kwisatz Haderach
Member since Nov 2007
30922 posts
Posted on 1/25/11 at 4:06 pm to
yeah a lease protects you as much as your landlord.
Posted by ashy larry
Marcy Projects
Member since Mar 2010
5568 posts
Posted on 1/25/11 at 8:29 pm to
quote:

He said if I did sign one and wanted to leave early he wouldn't really hold me to it as long as I gave him a months notice. The place was very reasonably priced and nice, so it wouldn't be hard to find another tenant.


I've rented w/out a lease more than once and had NO problems whatsoever. If I were in your shoes, I'd sign the lease but ask to have no time limits in it. Or at least a clause about how you can get out of it.
Posted by rahrahoohlalala
Member since Oct 2010
698 posts
Posted on 1/25/11 at 10:42 pm to
If you don't sign a lease, a month-to-month is presumed, effective as of the date on the first rent check written. It's not that you don't have rights if there's no written lease, it's just that you get the standard lease agreement rights.

It's also true that most leases are have clauses written in favor of the landlord. As long as you're aware he can boot you with 30 days notice, don't worry about a lease.
Posted by NukemVol
Member since Jan 2010
1636 posts
Posted on 1/26/11 at 10:13 am to
I don't have a lease. Yes, I can be kicked out at anytime, but I can also leave at anytime. For example, my last apartment, there was a fire above us, the sprinklers flooded our apartment. The insurance covered everything, and they cleaned up as much as they could. But it was still moist and humid in the apartment and mold grew. The landlord took two months to even make progress on it, and it still wasn't nice. We had to stay the remainder of our lease because of the terms of the lease.

Without a lease, I just bail on the place out of common sense, or a gentlemen's agreement.
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