Understanding Your Lease and Legal Rights

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The Lease: Before You Sign

You should have the ability for a Student Legal Services attorney to review your lease with you before you sign.

Your Lease Should Contain:

The Amount of Rent and Security Deposit

The Term of the Lease

Your Obligation Regarding Utilities

Whether or Not a Guarantor or Cosigner is Required

Other Rules and Obligations

 

Walk Through

During the walk-through, you need to document only pre-existing problems you find with the apartment, so that you are not held liable. This means testing everything from the burners on the stove to the quality of the carpet to the functioning of the refrigerator. If anything is off, document it. If the landlord needs to fix something, get it in writing. This is the best way to protect yourself, your future home, and your security deposit. Turn on the appliances, including A/C, and see if they work. 

 

Pets

Does your lease say anything about pets? If not, the best thing to do is check with the landlord which pets are allowed. Put agreements allowing a pet in writing the lease. If pets are not allowed and you have one, you could risk an eviction proceeding. It is legal for a landlord to require a pet security deposit and/or monthly pet fees. 

 

Roommate Agreements

A lease is a contract between the tenants (including you) and the landlord; a roommate agreement is a contract just between roommates. An agreement avoids problems by discussing living conditions before you move in. 

Some Questions to Agree on:

How Will the Utilities be Shared?

Will Food Costs be Shared?

Any Rules on Guests? Parties? Noise? Pets?

What if Someone Decides to Move Out?

 

If You Do Not Pay Your Rent

The landlord is not required to give you notice to pay rent. If you do not pay your rent, the landlord has the option of making a demand for you to pay the late rent within ten days. If you fail to pay rent within ten days, the landlord can file eviction proceedings and take you to court. After hearing evidence, the judge can order that you be evicted. The court process moves quickly, so if you get a notice of non-payment, get legal help right away. 

 

Requesting Repairs

Requesting repairs should be in writing. If the needed repair affects your health and safety, you can contact the Muncie City Code or Student Legal Services. You might be able to break your lease if the landlord refuses to make repairs affecting health and safety after written notice. For more information on tenant's rights in IN, see the IN Attorney General's Landlord-Tenant Booklet. 

 

Lease Addendums

You should not sign anything that adjusts your lease after you have already moved in. An exception would be if you get something in return, for example, your landlord agrees in writing that a pet is allowed if you pay a pet deposit. A landlord cannot raise the rent or make other fundamental changes during the leasing term. 

 

  • This module is not intended to provide legal advice to students. For student legal assistance, contact Student Legal ServicesLinks to an external site.. Ball State University does not endorse any particular off-campus housing facilities.