Need help with an apartment question

[Mindibun]

We had to renew the lease tonight and as I'm looking over the contract I see that it repeatedly says the landlord shall be responsible for absolutely nothing. Basically, even if the landlord walks up to the property and writes graffiti all over the walls, and everyone sees him/her do it, the RESIDENT is the responsible party and shall take care of any fees for removal of graffiti, and if they don't, they shall incur a fee because the apartment is not being maintained...

It's complete and utter CRAP which I expected, I know how these things go. But then as I continue reading, one of the paragraphs that I'm required to initial says this: "The resident hereby waives the Resident's right to demand a jury trial in any cause of action arising between landlord and Resident concerning this contract."

So, if I have an issue with the landlord and need to dispute the contract, I'm not allowed to have a trial over it? Is that seriously legal?

I really don't want to sign this garbage, but I don't know what (if anything) I can do to fight the contract and have it re-worded.

Any of the older and wiser members with experience in this stuff, I would *really* appreciate your help. I have to sign this and give it back to them within the next few days, so ... yeah.

[joepythons]

We had to renew the lease tonight and as I'm looking over the contract I see that it repeatedly says the landlord shall be responsible for absolutely nothing. Basically, even if the landlord walks up to the property and writes graffiti all over the walls, and everyone sees him/her do it, the RESIDENT is the responsible party and shall take care of any fees for removal of graffiti, and if they don't, they shall incur a fee because the apartment is not being maintained...

It's complete and utter CRAP which I expected, I know how these things go. But then as I continue reading, one of the paragraphs that I'm required to initial says this: "The resident hereby waives the Resident's right to demand a jury trial in any cause of action arising between landlord and Resident concerning this contract."

So, if I have an issue with the landlord and need to dispute the contract, I'm not allowed to have a trial over it? Is that seriously legal?

I really don't want to sign this garbage, but I don't know what (if anything) I can do to fight the contract and have it re-worded.

Any of the older and wiser members with experience in this stuff, I would *really* appreciate your help. I have to sign this and give it back to them within the next few days, so ... yeah.

I would live elsewhere .Sounds like mr scumlord has had problems in the past and is trying to weasel out of any in the future.See if you can contact an attorney to ask about the legal issues here.Good luck

[starmom]

Don't initial that paragraph and see f the landlord even notices. Renting is a drag if the LANDLORD (how ostentatious is that?!) is a drag. Are most leases written with these clauses in your town? Can you choose to move? Have you already lived there for a year without incident? Do you foresee problems in this coming year? OR, is it just a drag being reminded that you have to sign away your rights just to be able to live somewhere?????

[Mindibun]

I have been living here for a year already - we're just renewing the lease. We haven't had any issues except that our AC started leaking once and when we reported it, the guy they sent over just stuck a rag in the pipe. ... Somehow it managed to keep everything dry and the AC continued to work but it's still there to this day. Also, our window is broken and doesn't lock so anyone who wanted to could just waltz right in. We've reported that twice and still no one has come to check it out. >_<

I'm going to call my dad tomorrow and ask him about it. Living elsewhere isn't really an option right now because our lease expires in a few days and that's not long enough to find a new place. I feel kinda helpless in this situation.

[Chuck]

I am no lawyer but I am pretty sure you could sign that contract sue him and still win a judgment. Courts favor a renter especially in situations like yours. As a landlord you have responsibilities you are required by law to take care of and I would bet what he is doing is walking a thin line at breaking the law, but like I said I am no lawyer.


Chuk

[Mindibun]

Thanks for the input Chuck, I'll keep it in mind.

[frankykeno]

Here's a couple of PDF's on landlord tenant laws and responsibilties in your state. I believe at the bottom of the first one there is an 800 number you might want to call.

http://www.law.ufl.edu/lic/guides/florida/Landlord.pdf

http://www.computerageconcepts.com/h...-TenantLaw.pdf

Personally, I would refuse to sign/initial any portion of a lease that removes my right for legal resolution of an issue with a landlord, that's rediculous. As well as far as exterior maintenance of the unit, I highly doubt you can be held responsible unless it's proven you or a guest of yours did the damage. It is the landlord's property, I would assume your state would recognize his responsibility to maintain it and your responsiblity to be a good tenant by not damaging or allowing it to be damaged.

I would be on the phone today finding out if this lease is over the line on a number of issues.

[jotay]

You said it states you have no right to a jury trial but it doesn't say you have no right to go to court or have a trial.
You can have a trial not just by jury, you can also have one just by judge. Meaning not a trial decided by a jury of your peers but decided by the bench judge.
Nevertheless, I have lived as a renter most of my adult life ( actually just renewed my lease where I live) most of the lease's ( sp ) I have read and signed generally do favor the landlord but not to the extent you have stated.
I would check w/ the housing authority in your area or even legal aid.