Submitted by master_brat t3_10lsexn in jerseycity
PrincipleOfMoments t1_j6182if wrote
There is nothing illegal about any of these clauses, so if the Landlord can find someone willing to sign those terms, they will be enforceable. Your recourse is to try to negotiate for their removal or find another place to rent.
As for the specific clauses:
The Repair Clause is uncommon, because the cost of such repairs is a write off for the landlord and they usually pay for this stuff out of pocket so it is reflected in their taxes and then they increase the rent the next year to recoup their costs from the previous year. If you really love the apartment, then I suppose you can live with it, but only if you plan on staying more than a year. Otherwise, you're paying for repairs they should be making and leaving before they would have a chance to recoup in increased rent.
The Appliance Clause is outrageous. Absent your actively breaking appliances through negligent or intentional actions, these are the landlord's responsibility (damage due to normal wear and tear can't even be taken from your security deposit). If you can't take the appliances with you when you move out, you should not pay to replace them due to normal wear and tear. If you really love the apartment, you could guard against this by conducting a video inspection before move out to document that all appliances are working, but if they break before you move out, that won't help.
The Move In/Out Fees Clause is very common, almost universal in condos. You generally can't avoid this by bringing things in piecemeal, because the condo needs to know when your first day will be and will charge the fee automatically because damages can occur even if you're just carrying boxes, TVs, etc.
Bottom line - if you don't absolutely need this apartment, these lease terms probably aren't worth it.
master_brat OP t1_j618ml3 wrote
Thank you so much for the detailed response. Appreciate it.
Re: appliances clause, the landlord casually mentioned that if one of the appliances doesn't work s when I'm moving out, he will deduct from the deposit, and hence the question.
PrincipleOfMoments t1_j61dx1f wrote
You're welcome. They can't do that unless you actively broke the appliance. I will say that even though the law is on your side, you might want to think about whether it is worth it to you to have to go to court to fight over getting back the cost of a microwave, etc. A lot of shady landlords withhold money from the security deposit that they know they shouldn't, but keep just enough so that fighting for it isn't worth your time.
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