The Legal Bubble

Well, one of my loyal readers asked me if I have any tips for the renters.  Well… my first tip is to pay your rent on time.  That’s because I am a landlord, and nothing is more annoying than a tenant who doesn’t pay their rent on time, especially when they obviously are putting other bills before your bill.  But seriously though!!!

 Check references from the landlord!  Ask for past tenant information, the reason the last tenant is gone, how long they have been a landlord, etc.

 Read your lease!!  Make sure that your lease lets you know who pays for what repairs, and the anticipated time to complete repairs.  Also, what steps you should take to report anything that needs repairs.  Make sure that your lease has the correct rent amount, the term of the lease, and make sure your landlord doesn’t ask for more than two month’s rent as a security deposit.  Additionally, make sure your lease addresses who is responsible for the utilities. 

Take pictures of your apartment/house before you move your furniture in.  You don’t want to be responsible for anything that was left behind from the previous tenant or homeowner.  If you want to be really efficient, have your landlord sign and date the pictures, as well as yourself.

Make sure you have more than one way to contact your landlord.  Telephone and mail, management company, attorney, etc. 

 If you move in and begin to have problems, such as your heat stops working and it’s 20 below zero outside, or your a/c stops working and there’s a heat advisory outside, or you have no more hot water, rat infestation, or anything that can compromise your health or safety, give your landlord written notice by sending it via certified mail.  If the problem is not fixed within 30 days of their receipt of the letter, then go to the court and request a rental escrow.  This isn’t my area of expertise, as I have only gone to Landlord and Tenant court a few times.  You fill out a form and give it to the clerk.  After this, there is a hearing you would go to so you can explain your escrow request.  The Judge will say yes or no.  Have an inspector come out, and subpoena the inspector, take pictures or videos, and anything/everything so your Judge can feel as though he or she is in the home.

The landlord will be given a time in which to complete the repairs.  Until such time the money you put into escrow will not be released.    Hopefully this will solve your problems.  If not, leave!!  Negotiate something with the landlord to release you from your lease.

There are other quicker ways to get into court to request a rental escrow.  Consult your local attorney for this information.  I do not recommend any method one way or the other, this is simply to give an overview of the process.

 This information is not meant to begin an attorney/client relationship.  You are not my client until you sign a retainer.

There are some people out there who may be confused as to the role of a real estate agent and the role of a real estate attorney in a purchase/sale.  Well, real estate agents cannot legally interpret your real estate contract.  They can simply read it to you, tell you to read it, and have you sign it.  If your agent is not an attorney, and they interpret any part of the contract to you, then they are breaking the law.  Why is that?  Well, it is the unauthorized practice of law.  Additionally, attorneys have years of training and liability insurance that covers malpractice if something goes wrong.  The real estate agent’s E&O (Errors and Omissions) will not cover this because it is the practice of law. 

 Buying and selling your home is the most significant business transaction that the average person is involved in during their lifetime.  Why skim on something of such importance?  Real Estate attorneys can advise you on issues such as liens, encumberances, estate sales, easements, zoning laws, and other issues that you may not be aware or concerned about at that time (but may come up later).  Additionally, problems can arise once you have signed the purchase agreement, and your real estate attorney can help you get out of the deal, or negotiate something that is good for both sides.  Lastly, at closing (or before), your attorney can review your loan documents to make sure that what you agreed on with your lender is what you are signing.  The attorney at the settlement table does not represent your interests, nor do they represent the other party’s interests.  They are employed or contracted through the settlement company to read/explain your paperwork and get you out of the door so the next buyer and seller can come in.

 You may say “Attorneys cost too much, I can’t afford one” or “I can read it myself, so I don’t need an attorney”, but you are spending hundreds of thousands of dollars on a home.  If you can afford a home, you can afford an attorney for a couple thousand dollars.  If you can’t afford an attorney for the sole purpose of this transaction, you should not be purchasing a home!