Apartment Living in State College

Understand Your Responsibilities Before Signing a Lease

prepared by the PostDoc Orientation Quality Circle Team
Penn State Eberly College of Science

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Landlord-tenant relations can become strained if there is a lack of communication or either party does not understand what is expected from the relationship.

Some Things to be Aware of When Entering into a Lease	Terminating a Lease
Clauses	Security Deposits
Terms	Parking
Questions to Ask before Signing	Who to Call
Please see the following site for apartment listings and other useful information: www.statecollege.com

Some Things to be Aware of When Entering into a Lease:

1)  The specific address. Always check to make sure the address on the lease is the address of the house or apartment you want to rent. You may think you're getting one apartment and actually be signing a lease for another, possibly a less desirable residence.
2)  The length of the lease. Is the lease for twelve months? Nine months? Make sure you know how long you will be obligated to the lease.
3)  Rent cost. Specifically note the amount of the rent, when and where it is to be paid, and if there are any late fees. Also look to see if there are any grounds under which the rent could be increased during the period of the lease. (This may be included in an Escalation Clause.)
4)  Terminating and renewing. Read to see if you are required to give notice of renewal or non-renewal.
5)  What utilities are you responsible for, and what utilities are included in the rent?
6)  Security deposit. A fee may be due at the lease signing, or along with the first month's rent.
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Clauses:

There may also be clauses within the lease that you will be agreeing to when you sign.

These include:
1)  A clause outlining your responsibilities to maintain the apartment in good repair.
2)  A clause permitting the landlord to enter for inspection, repair, or to show the apartment to potential tenants.
3)  A clause providing for the automatic renewal of a lease if you do not otherwise notify the landlord at a specific time before the lease runs out.
4)  A clause prohibiting subletting the apartment and prohibiting you from moving out without the landlord's written consent.
5)  Some clauses deny the landlord's responsibility for damages, even if they are due to negligence.
6)  A clause could deny your right to a hearing stating your side of the case if you are sued by the landlord for rent or other expenses.
7)  And some clauses will allow the landlord to take possession of furniture and/or other personal property and sell these items if you fall behind on rent payments or other conditions of the lease.
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Terms:

     Some of the terms used to express these clauses may be unfamiliar to inexperienced renters. If you know the terms, you will know what you're getting into:

     Non-assignment - You cannot sublet your apartment without your landlord's consent.
     Jointly and Severally - This clause binds you to your roommates and makes each individual responsible for the actions of the others. You will be responsible if your roommate does not pay the rent. But you may still sue your roommate for his or her portion of the rent.
     Indemnification - A tenant may not hold a landlord responsible if some loss results from breaking a rule of the lease, or breaking the lease itself.
     Remedies - This is where the landlord can outline his or her actions if rent is not paid.
     Condemnation - If your apartment building or house is condemned, your lease is automatically terminated, and your landlord is not responsible for any inconveniences you may experience.
     Individual Lease - This means that you are responsible only for your portion of the rent. But common living areas would be joint and several.
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Questions to Ask Before Signing

     Overall, you must think of yourself, the renter, as a consumer. The product you are investing in is your home. Always, always, read every word of a lease before you sign it, and if you cannot meet all of the terms and conditions of that lease, do not sign it.

     This brings up the issue of what questions are appropriate to ask before signing. Sometimes a lease is simple and straightforward, and may not include all of the information covered above. In that case, ask your landlord:

     Rent: When is it due, where is it due, late fees, how shall it be paid--all one check or one check for each roommate?
     Lease: Is there a rental application with or without an application fee, does the application bind you to signing a lease?
     Utilities: What is included and what is not?
     Parking: Is it available and is there a fee?
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Terminating the Lease

     A lease is a binding contract. Once you sign it you are obligated to fulfill all conditions of the lease for as long as it runs. However, if a situation arises and you want to get out of a lease, there may be some alternatives. Check to see if you may terminate the lease with advance notice of 30 or 60 days. Or you may be able to sublet your apartment or house to someone else.
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Security Deposits

     Security deposits are to insure the landlord against any damage you may inflict upon your apartment. Once the lease has been terminated, by expiration or otherwise, the tenant must give the landlord a forwarding address and return all keys. Once this has been done, the landlord must return the security deposit, minus any damages, to the tenant within 30 days. If this is not done in 30 days, the tenant is entitled to sue to recover double the amount of the security deposit.
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Parking

     Parking in State College can be almost as confusing as signing a lease if you don't know the rules and regulations. If you are unable to park at your residence or if you commute to town or class, you should be cautious of where you park. Municipal lots are available in four locations: 100 West Beaver Avenue, Fraser Street (across from and next to the Municipal Building) and on McAllister Street between the 200 block of College and Beaver, and the parking garage on the corner of Pugh Street and Beaver Avenue. These lots charge by the hour. Long-term passes for the garages may be purchased in the parking office in the Municipal Building.

     Parking meters are in effect on many downtown streets from 8 a.m. - 6 p.m., except on weekends and holidays when parking is free. Parking in violation at a parking meter can result in a parking ticket every hour your car is in violation. If you pay a parking ticket within 48 hours of issuance, the fine is less than if you wait.

     On metered and unmetered streets, there is often no parking between 2 a.m. and 6 a.m. These streets are part of the rollback parking plan. If there is snow to be plowed, there are no exceptions to this law. But if you are just a guest at someone's residence, you can obtain a temporary reprieve by calling the Parking Office (234-7131) during business hours or Police non-emergency number (234-7150) at night and asking for a temporary parking permit. There is a limit of three consecutive days for temporary parking permits. You can also obtain a temporary permit in order to park for a full day on a street that has only one or two hour parking. If you live on a rollback parking street that is designated R or R1 you may get a yearly parking permit by contacting the Parking Office and showing them your lease and car registration.
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Who to Call

     If you have questions pertaining to off-campus living or you have legal questions, here are few helpful phone numbers.

Department of Town Affairs - 865-6851
Keystone Legal Services - 238-4958
PA Lawyer Referral Service - 1-800-692-7375
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Much of the information in this article is compiled from the USG DOTA "Living Off Campus Apartment Guide" which can be picked up for free at the USG office 203-A, HUB. This publication is available in alternative media on request. U.Ed. SCI 00-9

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