A lease is a contract between the landlord and you. Once entered into, a lease contract binds both parties to perform the promises contained in the lease and gives rise to a claim for damages in the event one party breaches its duties to the other. Since you can wind up owing a landlord literally thousands of dollars if you default in rent payments, it is vital to be as knowledgeable as you can about the process before you sign a lease.
First, if a deposit of any sort is required, in conjunction with your lease application, clarify in writing whether the applicable deposit is refundable if you decide not to take the apartment. Don't be afraid to negotiate for the refundability of your application deposit.
Second, never sign a lease without reading it. Because a lease is usually full of legal terminology, you should ask for a copy of the lease so you can read it over carefully and understand its terms, objecting to and/or negotiating with the landlord on matters that concern you. Failure to read the lease or understand or bargain over its contents will not relieve you of your obligations under the lease. The staff of Students' Legal Assistance may be available to you on short notice to review your lease with you before you sign it. Just call.
Third, the cardinal rule to follow in signing any contract, and particularly so with respect to leases, is that any promises made by the landlord or his manager that you are relying on in signing the contract must be written into the contract before you sign it. Do not rely on the landlord's oral promise that you will have new carpeting, that the apartment will be cleaned when you take possession or that you can leave early if you are student teaching or need to relocate for work. Oral promises are too often empty promises unmet or later reneged and difficult (if not impossible) to prove in court. If the promised performance is important to you, get it in writing.
Fourth, negotiate with the landlord. It is typical for a landlord to present his contract as a 'take it or leave it' proposition, but a surprising number of landlords will discuss changes in their pre-printed lease; all of them will if they believe the apartment is going to go unrented. There is strength in numbers - the more NIU students insist on negotiating with DeKalb landlords, the sooner landlords will come to accept that negotiating is part of the rental process.
Negotiating will make you more aware of the lease and your obligations. It may also improve your position.
Some provisions commonly found in leases are prohibited by the DeKalb city ordinance. If such a provision is in your lease, that provision is void and unenforceable. To avoid any future conflicts, however, you should have prohibited terms stricken or modified before you sign the lease. Section 10.11 of the DeKalb Municipal Code prohibits the following lease terms:
A landlord who includes any of the above prohibited terms in a lease after receiving notice, or attempts to enforce one of the prohibited terms shall be liable for an amount equal to one (1) month's rent in addition to compensatory damages sustained including court costs and reasonable attorney fees.
One of the things this clause attempts to relieve the landlord from is any liability for damages or injuries to persons or property, even if the damages or injuries to persons or property are due to his neglect. Illinois law states that such laws, to the extent that they attempt to shelter the landlord from liability as a result of his own negligence, are void and unenforceable as against public policy (Lessor's Liability Act 765 ILCS 705/1).
An Illinois statute provides a right of a jury trial in eviction proceedings notwithstanding a lease waiver (735 ILCS 5/9-108).
Sometimes problems arise after you have already signed a lease. For example, you may want to break the lease to move back home or into another apartment, or your landlord may commence eviction proceedings against you to force you to move out. These are problems that can carry serious consequences if not acted upon swiftly and properly. Therefore, it is advisable to seek immediate legal assistance at our office.
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