Renting Your First Apartment
Renting an apartment for the first time can be frightening and possibly dangerous. This article provides a basic guide to renting and can help you protect yourself from the major mistakes first-time tenants make.
Knowing your budget, how much you make and spend in a month, you can determine how much money to set aside for rent, utilities, internet, groceries, and laundry. You should have a budget prepared before looking at apartments, so you only search for places you can afford. Click this link for a budget worksheet that you can fill in yourself: https://www.consumer.gov/sites/www.consumer.gov/files/pdf-1020-make-budget-worksheet_form.pdf. Many complexes require the first and last month’s rent, a security deposit, administrative and other fees like pet fees upfront, so be aware of the total cost you will have to pay before you move in.
Legal Tip: Your budget should influence how long you want the total duration of your lease to be. The Florida Residential Landlord Tenant Act, § 83.46 states that:
If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.
Although almost all rental agreements now state the total length of your lease, it is still an important term to be aware of. The rental agreement will likely state how often you have to pay rent, so the duration will help you calculate how many total payments you’ll be committing to.
Once you have a price range, you should begin looking at neighborhoods and complexes with availabilities within your range that meet your needs. Look for apartments near groceries, and that either provide laundry services or are near them as well. As you choose, you can calculate the cost of transportation and decide how close or far you can live from your job or shopping centers.
Pro Tip: Never skip the in-person apartment tour. Photos can give you an idea of the apartment layout, but a walkthrough can showcase the condition of the apartment, the quality of the amenities, and nature of the neighborhood. While touring, ask questions. Here is a list of questions to ask on an apartment tour covering several large topics such as fees, guest policies, and health and safety.
Legal Tip: In the state of Florida, there are no limits on the application fees that landlords can charge to potential tenants, and these fees are almost always non-refundable, so many applicants lose money by applying to listings that they see online but have not verified in person. Scam artists often trap tenants by posting listings of rental properties that either do not exist, that do exist but that they do not own, or that they do own but that do not match the listing. Scheduling a showing before applying allows you to protect yourself by verifying that the listing was posted by someone authorized to rent the apartment and that the apartment you see matches the one that was listed.
The complex is likely to run a credit check on you. If you have little to no credit, the complex may require you to submit references or have a co-singer. References are preferably authoritative figures like employers, advisors, or teachers; people that can attest to your personal and financial responsibility. A co-signer is someone who signs the rental agreement with you and agrees to be responsible for the rental payments if you fail to pay.
The lease is the legal agreement between you and your apartment complex. It is always preferable to have the lease in writing. The key terms the lease should include are:
Your lease may also require you to buy and maintain renter’s insurance, and may also state a minimum policy amount so read it for terms like that and calculate the insurance policy into your budget to ensure you can afford it. If you have chosen to move in with roommates, ensure that all your names are on the lease and that you all sign it, this guarantees that you are all equally accountable for the apartment. Even if your complex does not require you to purchase renter’s insurance, it is still highly recommended that you get coverage of your own to protect your things from theft or property damage.
Legal Tip: After you are satisfied with your lease and you have signed it, that is the point at which you will be expected to pay either the first month’s rent, last month’s rent, or both, and the security deposit. Under § 83.49 of the Florida Residential Landlord Tenant Act, your landlord must preserve the security deposit during the tenancy. The landlord must also return the full amount of the deposit within 15 days after you move out or give you written notice of why some or all of it won’t be returned within 30 days after you move out. This is where good recordkeeping before you move in can make a big difference. Repairs for damage that was present before the tenancy began can be taken out of the security deposit if you cannot show that the damage was preexisting, but you have 15 days after receiving notice of the landlord’s claim to object to it.
When you are finally ready to move in, you should first be certain of your move in date. Once you know the date, you should plan the most cost effective move for you. If you have larger, bulkier items you may need to rent a truck or ask a friend who has one to help you. You can search for free or low cost furniture that you may need on websites and apps like Craigslist, OfferUp, or LetGo.
Remember to forward your mail from your previous address and to contact the utility providers in your new area to start your service. You will need to officially change your address with the United States Postal Service (USPS) before you can request service at your new residence, so be certain to do that and to update your driver’s license within 30 days of changing your address. Many utilities have startup fees, so your first month’s payment may be higher than expected. You likely will not be responsible for trash pickup if you live in a complex, but you should find out your pickup days, either from your lease or from the property manager.
Legal Tip: Keep either a physical or a digital copy of your lease, as you will need to refer to its terms when you are ready to move out for the proper procedure. Under § 83.575, it may require you to notify your landlord of your intention to move out within a specified period before doing so at the end of the tenancy. Under § 83.57 if your lease did not specify the duration of your tenancy, the required notice period varies depending on the period of the tenancy so a monthly tenant must give at least 15 days notice.
- Know Your Budget
Knowing your budget, how much you make and spend in a month, you can determine how much money to set aside for rent, utilities, internet, groceries, and laundry. You should have a budget prepared before looking at apartments, so you only search for places you can afford. Click this link for a budget worksheet that you can fill in yourself: https://www.consumer.gov/sites/www.consumer.gov/files/pdf-1020-make-budget-worksheet_form.pdf. Many complexes require the first and last month’s rent, a security deposit, administrative and other fees like pet fees upfront, so be aware of the total cost you will have to pay before you move in.
Legal Tip: Your budget should influence how long you want the total duration of your lease to be. The Florida Residential Landlord Tenant Act, § 83.46 states that:
If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which the rent is payable. If the rent is payable weekly, then the tenancy is from week to week; if payable monthly, tenancy is from month to month; if payable quarterly, tenancy is from quarter to quarter; if payable yearly, tenancy is from year to year.
Although almost all rental agreements now state the total length of your lease, it is still an important term to be aware of. The rental agreement will likely state how often you have to pay rent, so the duration will help you calculate how many total payments you’ll be committing to.
- Choose the Right Apartment for You
Once you have a price range, you should begin looking at neighborhoods and complexes with availabilities within your range that meet your needs. Look for apartments near groceries, and that either provide laundry services or are near them as well. As you choose, you can calculate the cost of transportation and decide how close or far you can live from your job or shopping centers.
Pro Tip: Never skip the in-person apartment tour. Photos can give you an idea of the apartment layout, but a walkthrough can showcase the condition of the apartment, the quality of the amenities, and nature of the neighborhood. While touring, ask questions. Here is a list of questions to ask on an apartment tour covering several large topics such as fees, guest policies, and health and safety.
Legal Tip: In the state of Florida, there are no limits on the application fees that landlords can charge to potential tenants, and these fees are almost always non-refundable, so many applicants lose money by applying to listings that they see online but have not verified in person. Scam artists often trap tenants by posting listings of rental properties that either do not exist, that do exist but that they do not own, or that they do own but that do not match the listing. Scheduling a showing before applying allows you to protect yourself by verifying that the listing was posted by someone authorized to rent the apartment and that the apartment you see matches the one that was listed.
- The Rental Application and the Lease
The complex is likely to run a credit check on you. If you have little to no credit, the complex may require you to submit references or have a co-singer. References are preferably authoritative figures like employers, advisors, or teachers; people that can attest to your personal and financial responsibility. A co-signer is someone who signs the rental agreement with you and agrees to be responsible for the rental payments if you fail to pay.
The lease is the legal agreement between you and your apartment complex. It is always preferable to have the lease in writing. The key terms the lease should include are:
- the amount of rent, how often rent is due, and how or who to pay;
- whether there is a security deposit and its amount;
- whether pets are allowed, and if there is a pet fee;
- which utilities you are responsible for; and
- what appliances are included in the lease and if maintenance and repairs are provided by the complex.
Your lease may also require you to buy and maintain renter’s insurance, and may also state a minimum policy amount so read it for terms like that and calculate the insurance policy into your budget to ensure you can afford it. If you have chosen to move in with roommates, ensure that all your names are on the lease and that you all sign it, this guarantees that you are all equally accountable for the apartment. Even if your complex does not require you to purchase renter’s insurance, it is still highly recommended that you get coverage of your own to protect your things from theft or property damage.
Legal Tip: After you are satisfied with your lease and you have signed it, that is the point at which you will be expected to pay either the first month’s rent, last month’s rent, or both, and the security deposit. Under § 83.49 of the Florida Residential Landlord Tenant Act, your landlord must preserve the security deposit during the tenancy. The landlord must also return the full amount of the deposit within 15 days after you move out or give you written notice of why some or all of it won’t be returned within 30 days after you move out. This is where good recordkeeping before you move in can make a big difference. Repairs for damage that was present before the tenancy began can be taken out of the security deposit if you cannot show that the damage was preexisting, but you have 15 days after receiving notice of the landlord’s claim to object to it.
- Moving In
When you are finally ready to move in, you should first be certain of your move in date. Once you know the date, you should plan the most cost effective move for you. If you have larger, bulkier items you may need to rent a truck or ask a friend who has one to help you. You can search for free or low cost furniture that you may need on websites and apps like Craigslist, OfferUp, or LetGo.
Remember to forward your mail from your previous address and to contact the utility providers in your new area to start your service. You will need to officially change your address with the United States Postal Service (USPS) before you can request service at your new residence, so be certain to do that and to update your driver’s license within 30 days of changing your address. Many utilities have startup fees, so your first month’s payment may be higher than expected. You likely will not be responsible for trash pickup if you live in a complex, but you should find out your pickup days, either from your lease or from the property manager.
Legal Tip: Keep either a physical or a digital copy of your lease, as you will need to refer to its terms when you are ready to move out for the proper procedure. Under § 83.575, it may require you to notify your landlord of your intention to move out within a specified period before doing so at the end of the tenancy. Under § 83.57 if your lease did not specify the duration of your tenancy, the required notice period varies depending on the period of the tenancy so a monthly tenant must give at least 15 days notice.
