Leases and Rental Agreements

Leases

A lease is a written contract that documents the agreement made between a landlord (“lessor”) and a tenant (“lessee”). It is a binding legal document that can hold you responsible for thousands of dollars in rent payments. Leasing agreements contain legal terminology. Read the entire lease and understand what you are signing as you will be legally bound by its terms. Oral leases are not recommended and often lead to disputes. A written lease sets out the terms for both parties and is easily referenced when issues arise. Always keep a copy of the written lease along with any documents and correspondence you send to, or receive from, your landlord.

The information provided here can help you understand basic rights and responsibilities regarding your lease. This information is not legal advice. If you have questions about your leasing agreement, please contact Student Legal Services at 319-335-3276 or another attorney of your choice for further assistance.

Lease Term (length)

Leases are for a defined period of time. While short-term leases are available, they are not common. Typical leases in the Iowa City/Coralville area are 12 -month leases beginning around August 1 and ending in mid-late July. Your lease should clearly state the lease term and indicate when you need to give the notice to renew or terminate that lease.

Security Deposit

A deposit is collected by the landlord to cover unpaid rent or damage by the tenant. The amount is typically equivalent to one month’s rent and cannot exceed two months’ rent. It is not the same as the first month’s rental payment or the last month’s rental payment.

Rent and Late Fees

Your lease should state how much rent is due each month when it is due, and where it is to be paid. The lease may also state the method of payment. Paying with cash is not recommended. If you pay with cash, be sure to get a receipt.

Your landlord must receive your rent by the due date or late fees may apply. Allow extra time for mailed rent payments to reach your landlord.

Utilities

Your lease agreement should outline how and which (if any) utilities will be charged to you. Will you be required to sign up for service directly with the local utility company or will the landlord charge you each month? Does your rental unit have a separate meter? Do you control your own heat?

Cable, internet access, and phone service are often the tenant’s responsibility in rental units. However, single rooms for rent often include some or all of these utilities.

Occupants and Guests

Landlords can limit the number of occupants and guests in a rental unit based on health and safety issues. Specific housing codes for each type of housing apply.

Landlords can limit the length of time a guest can stay in your apartment. The lease should address the time frame. Two weeks is typical and considered reasonable. If guests stay longer, the landlord has the right to consider them unauthorized occupants. This can be considered a breach of the leasing agreement and result in legal action. If you want to add a tenant to your lease, you need your landlord’s written permission.

Renters’ Insurance

The landlord is not responsible for protecting your belongings against theft, fire, flood, or damage caused by third parties such as burglars. Some leasing agreements require tenants to obtain renters’ insurance. Student Legal Services recommends obtaining renters insurance. These policies are reasonably priced, protect your personal property, and are easily obtained through most insurance companies.

Joint and Several Liability

Each tenant who signs the lease is responsible for all terms of the lease, including the full amount of the rent not just their individual portion. Choose roommates who will be able to pay the rent and fulfill all obligations outlined in the lease. If your roommate violates the lease or doesn’t pay rent, you can be held legally responsible. Some landlords require a co-signer. Co-signers are usually a parent or guardians and are responsible for paying rent if one or all tenants are unable to pay.

Lease Addendum of Rules and Regulations

Rules and regulations on how you may live in a rental unit may be part of your lease or outlined in a separate document or addendum. Items included may address issues such as noise, quiet hours, bike storage, and use of common spaces. Read the rules carefully before signing the lease.

Other Considerations

Building Security

Are guidelines outlined in the lease? Who has access to the building and community areas? Are there procedures in place for enforcement? Is the parking lot well-lit?

Parking

Is off-street parking available? How many parking spots are available per unit? Is parking assigned? Is parking included in the rent or at an additional cost per month? Is parking available for visitors?

Lawn Care and Snow Removal

Do tenants have any responsibility for cutting the grass or removing snow?

Maintenance and Repairs

What procedures are in place if your rental unit needs repairs? See Landlord Entry into Apartment/House and Repairs section for further information.

Noise

Are noise guidelines in writing? What procedures apply if your neighbors are noisy?

Condition of the Unit at Move In

Be sure you view and sign a lease for the actual unit you are going to live in and not a model apartment. If fresh paint, new or cleaned carpet, and needed repairs are agreed upon, be sure those items are outlined in the lease. Unless otherwise noted, all agreed-upon improvements and repairs should be completed by your move-in date.