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MissAnthrope's avatar

Is my landlord's new lease legitimate? Can I scratch things out that aren't right?

Asked by MissAnthrope (21511points) September 15th, 2009

Last month, I moved into a house with a coworker. It was ideal, rent is affordable, utilities included, pets allowed, no lease, no deposit, no landlord breathing down our necks.

Then, about a week after I moved in, the landlord shows up and asks me for rent and deposit (1st and last months’ rent). With no lease and the fact that a deposit has never been required (my roommate that moved in a couple weeks before didn’t have to pay one), I didn’t feel comfortable paying, so I didn’t. He never said anything about it, but dropped off leases out of the blue.

My coworker has lived here for 6 years and never had a lease, so I’m suspicious. The landlord really doesn’t seem to give a crap about getting the rent or fixing the place, from what I understand he never even came to get the rent through the whole summer.

Anyway, the lease is something he found on the internet and printed off, changed very slightly to include the house address and rent amount (no mention of deposit). There are a couple things that worry me, such as it says no pets on the lease (we all have pets) and it stresses that we’re responsible for damage to the house (each person responsible for damage made from date of move-in). The latter would be fine, except the house is not in good condition (which is what an absentee landlord should expect, I guess) and I had no part in the decline in quality.

When questioned about the pet thing, the landlord admitted he’d downloaded it and there were some mistakes, that we should “scratch out” the mistakes and sign it.

I just have a very shady feeling about all of this, not to mention my gut tells me you can’t just scratch things out in a legal document.

I’m looking for both some knowledge about the scratching-out thing, and also other people’s impressions about the situation. What should I do, and what would you do?

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10 Answers

marinelife's avatar

The landlord has the right to implement a rental agreement even if there has not been one in place before.

Scratching things out and then initialing the change is perfectly legal and done all the time on contracts.

Look the rental agreement over and make changes that fit the current situation and then sign and give it back to the landlord.

MissAnthrope's avatar

I understand he has the right and that is completely understandable (I would want one, were I a landlord).. it’s not that. It’s just that it’s sudden and had some questionable things in it, I dunno, I just get a weird feeling about it. I get a weird vibe from him, which may be why I’m so suspicious. He was really odd when I first met him and walked right into my room without any greeting or self-identification. I was kind of freaked out until I asked and found out who it was.

So, the scratching out is legal even if he hasn’t initialed it or anything?

Likeradar's avatar

@AlenaD Make sure he initials what he scratches out.

Here’s something I would want to do if I were you:
As I’m sure you know, there’s usually a walk-through before you sign a lease. You write down what’s in good condition, what’s kind of messed up, and what needs repair. And taking photos is always a good idea. That way, the tenant won’t be held responsible for existing damage. Since you say the house isn’t in great shape anyway, I would definitley want to do a walk through before signing anything.

Remember that being on a lease also give you rights.

robmandu's avatar

He’s not allowed to enter the premises without your permission. So that part is definitely creepy and you’re right to be suspicious.

A rental agreement would actually help protect you more than the [nothing] you currently have. Just make sure it’s straight-up and legit. Take it to a lawyer even.

Or better yet, consider moving. If you’re getting bad vibes off the dude, it’s probably for a valid reason. A good deal on rent won’t look so great in retrospect if he turns out to be a whack job.

Judi's avatar

As long as the copy you sign has the things scratched off you are ok. Also, above your signature, write in “see attached move in inspection” and attach a list (with pictures would be best) of the condition of the house currently.
Note any damage, anything that is not clean (spotless) and the condition of the paint, floor coverings and window coverings. Also note the condition of the lawn and yard. Any pet damage that already exists is important too.

casheroo's avatar

You can probably find a detailed inspection list online. I did it when I first moved in, and when we renewed our lease the next year. It’s pretty standard and it makes sure the landlord knows who is responsible for what.
The rest I can’t help with. But, I do think a landlord can give a lease at any point. It covers them in case the renters just ditch him, which is smart on his part.

marinelife's avatar

I second @Likeradar and @Judi.

I would also clarify with the landlord that it is not OK to just walk in. Ask him to call you before he plans to enter the premises.

My last landlord used to do that and it drove me nuts. I would look out the living room window, and he would just be strolling around in the yard. He was in his 80s, and we never broke him of it, but he was OK in other ways so we gave up.

YARNLADY's avatar

Both parties have to agree to the terms of the lease agreement, so be sure that both signatures appear on the bottom of the lease, and every change is initialed by both parties.

john65pennington's avatar

Keep this in mind….........anything altered or “scratched out” in a contract, voids the contract.

Likeradar's avatar

@john65pennington Even if all parties initial the altered part?

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