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Brian | Signed lease states tenant responsible for first $100 of repairs caused by normal wear & tear. Is this legal? |
Supposedly anything that comes up I am to pay for the First $100 of repairs, or anything under that amount. Is this legal despite the fact I've signed the lease? In a home where fixtures ect are over 30 years old that can be costly. |
 |
 
Quentin
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If your landlord asked you to sign that contract in blood, and offer your first child as collateral, THAT CLAUSE MEANS NOTHING EVEN THOUGH YOU SIGNED IT AND IS ILLEGAL!!! His contractural lease does not override the legal system.
A judge would laugh him out of court, or worst, perceive him as a greedy and unfair landlord, which would make anything he says questionable. Asking you to sign that, is basically, demanding that you help upgrade and rehab his unit if he attempts to charge you for 30 year old fixtures, appliances, plumbing, ect.
TENANTS ARE NOT RESPONSIBLE FOR NORMAL WEAR AND TEAR!!!!!!!!!!!!!!!!!!
This applies to all 50 states in the United States. My guess is that he's not ignorant, but is ASSuming you don't know the law, and dont' have enough sense to ask about the laws. Landlord's like this make all landlords look bad. |
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goz1111
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does not matter what you signed all states under landlord/tenant law have a provision which states a tenant can not waive their legal rights within a lease, also for every state a landlord can not charge for normal wear and tear
second if you break something under the law the landlord does not get the replacement value but the value of the object at the time it was damage deprecation and under the law anything that is 30 years old has no legal value |
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BoomChikkaBoom
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Yes, it's legal but there is no law that says you have to sign it!
A landlord cannot deduct for normal wear and tear from your deposit, but there is no law that states he can't ask you to pay a portion of normal repairs. He can ask and you have every right to refuse.
If a lease contains a condition that is not reasonable, you can refuse to sign, let the landlord take you to court and then you will both have the opportunity to let the Judge decide what is reasonable or not.
Since you already signed it, your options would be to wait until your lease comes up for renewal and refuse to sign until that clause is stricken because it is an unreasonable request. |
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Ms. Denton Lone Star â„¢
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Hell no, that ain't legal! |
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koffee
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I'm no lawyer, but I believe once you signed it, it became a contract, and you are responsible for fulfilling the contract. From now on, read every line and contest it BEFORE you sign. |
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photogipsy
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To me, this seems like a really crappy way to do business, but it keeps the pockets of the owner happy. If you signed it, it is a legally binding contract. Now what you have to worry about is relying on yourself to maintain the estate. If the owner starts coming around and telling you that things need to be fixed and demanding money from you - then you need to get out!!! Cut your losses and leave that money pit! But, if they let you live in peace and only ask when you bring up that something needs to be fixed... then it shouldn't be that bad. It could be considered a way of them wanting to be left alone unless something serious happens. Some tenants will whine over light bulbs needing changed, etc... owners don't want to be bothered by the little "petty" complaints. By you having to pay for it "legally" according to the contract you signed, it might make you first explore other options (you fixing it, asking a friend for assistance) before bothering the owner. It could be considered shady, but also could just be someone who doesn't have the time or energy to put much into the place. Good luck! |
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tallerfella
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Was it in the lease you signed? |
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proud mommy and wife
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nope, just for fun you should tell your landlord that if something is to be replaced, you would like to purchase 30 year old replacements. Otherwise, he is using you. |
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VeggieCandleLady
 |
Many years ago, I rented a house and that was in my lease also. It is not a common clause when renting an apartment.
I remember something happening that needed repair and I argued with the landlord that was not "normal wear & tear" since my term of the lease. The needed repair was from years of use which I was not a part of.
He took care of everything.
However, if he had not, I was willing to do the court thing.
Just something to consider.
Best of Luck to YOU! |
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