Term Lease
A lease is a legally binding, written agreement between a lessor (property owner) and a lessee (one who holds property under a lease) that gives the tenant the legal right to reside for a specifically stated length of time (beginning and ending dates) in the property for a set rental rate. Leases in non-regulated apartments may be oral or written, however it is recommended that you only enter into a written agreement. For more detailed definitions of and for other terms, see our website's Glossary.

Month-to-Month Tenancy (Tenancy-at-Will)
A month-to-month is also a legally binding agreement between a landlord and tenant. A month-to-month agreement should be, but does not have to be, a written agreement. Under this agreement the landlord or the tenant may terminate the agreement for any reason as long as written notification is given 30 days or one rental period in advance, whichever is longer. Notice of a raise in rent requires the same advance notice.

Sublease
An agreement whereby a tenant grants (temporary transfer) possession (legal interest) and use of all or part of the leased property to another party, who is known as the (sub)‘lessee’, ‘subtenant‘ or ‘undertenant’. Subletting may be prohibited by the original lease or require written permission from the landlord. In a sublease, the original tenant, who is now regarded as the ‘sublessor’, ‘over-tenant’, or 'prime-tenant', remains directly responsible for making the rent payments to the landlord. In co-ops, there may be rules that prohibit, limit, or otherwise control subletting.

Roommate/Share
A Roommate/Share is an arrangement whereby one rents an apartment with one or more individuals who already live in the apartment. This kind of arrangement may be organized in a variety of different ways where one or more roommates may or may not be on the lease as a tenant or even an occupant. Roommate issues, more common than may be expected, can escalate in to costly and annoying legal battles. It is recommended that you take care to thoroughly screen your potential roommate. Make sure to consider the legal implications of having a roommate as well. For more information see the Roommates Advisory section of this website.

• If you sign a lease, you are obligated to pay rent for each month for the full term of the lease. For example, if you sign a 12-month lease that starts in September, you are responsible to pay for all 12 months - even if your plans change and you want to move out in May, after the school year ends. The landlord may allow you to cancel your lease, but there will very likely be a penalty. See also Sublet and Assignment.


• Pay your rent promptly on the date stipulated in the lease, sublease, or other agreement.


• Keep the apartment in good condition.


• Obtain written consent of the landlord before making changes to the apartment, such as painting, hanging shelves. or installing temporary walls.


• Be considerate of your neighbors by not making too much noise.


• Leave the apartment in its original condition.


• Supply the apartment with your own furniture and kitchenware, unless the space has been rented as "furnished."

• Warrant of Habitability - Tenants are entiteled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this are illegal.


• Provide heat in the apartment from October 1 to May 31.


• Provide hot and cold running water year-round.


• Maintain public areas in and around the building.


• Paint your apartment every three years.


• Provide a bathtub or shower, toilet, and kitchen sink in your apartment.


• Maintain a safe, weatherproof building that is free of rats, mice, and bugs.


• Install smoke detectors.


• Furnish a locked mailbox with a tenant's name on it.


• Install a peephole in your apartment door.

Security Deposit
If you are in a rent-regulated apartment, landlords (in most cases) may only collect one month's rent as security. There is no limit for non-regulated apartments, though one month's deposit is customary for qualifying applicants. Students are often requested to provide more than one month's security for non-regulated apartments. The security deposit must be held in an interest-bearing account. You are entitled to the accrued interest on the deposit if you stay in the rental unit for at least one year. If a security deposit is required, the landlord must provide you with a receipt and a statement of condition listing the condition of the property and any damage that may exist before you move into the space. The statement must be agreed upon and signed by both parties.

*A note for international students: Landlords may ask for three or more months' deposit on an apartment if you do not have a guarantor who is employed in the United States.

Cleaning Fee
A landlord may require that a cleaning fee be paid. It is used toward the cost of cleaning the space once you vacate. For your own protection, the fee should be agreed upon in writing and the agreement should be signed by both tenant and landlord before or at the time you sign a lease or TAW.

Rental Insurance
You may wish to invest in an insurance policy that covers a renter's personal property in case of damage or loss due to fire, flood, or theft. These policies are relatively inexpensive and generally include protection from personal liability if a visitor is injured while in your residence.