“Those Are The Rules That You Signed”

When most people look for a new place to live, they are thinking about what the new place has to offer. Does it have a pool? Is there a gym on site? How far away is the local grocery store? Are there good schools nearby? Is there a play area for the kids? Is public transportation available? Is the rent fair?

Put simply, most people don’t think much about what an apartment complex’s rules are before they sign the lease. And this is particularly true for families with children. Besides, who has the time to read through a whole bunch of rules while the manager is waiting for you to sign the lease? I never did when I was a tenant.

But then one day the manager shows up at your apartment and says, “I found your child sitting outside without adult supervision. That’s against the rules.” “The rules?” you say, “he’s 15 years old. He’s not doing anything wrong.” “Sorry,” says the manager, “but if he’s going to be outside, then you have to supervise him.”

To be frank, most parents don’t have to time to be babysitting 15-year-olds who simply want to go outside and hang out with their friends after school.

So what is a parent supposed to do if they run into these type of rules? On the one hand, if parents tell their children to simply disobey the rules, then they run the risk of being served a warning notice, or they may even face an eviction.

On the other hand, often when a parent tries to reason with a manager about such rules, then the manager simply replies, “I’m sorry, but those are the rules that you signed.”

Put simply, families with children are often put between a rock and a hard place. If they disobey the rules and allow their children to be outside without adult supervision, then they run the risk of being evicted for breaking the rules. But if they obey the rules, then they are forced to make their children stay inside all the time.

Isn’t there a better choice? Yes, there is. While apartment complexes are allowed to enact and enforce reasonable rules, the type of supervision rule mentioned above has been found to be unreasonable (and therefore illegal), even if you signed them! Unfortunately, it normally takes the help of a lawyer to get an apartment complex to realize that it needs to change its rules. If you are in that situation, then, please, get in touch with us.

Do I have to Pay My Rent? Yes!

In this crazy time, some are wondering if they have to pay their rent. Yes, you have to pay your rent . . . unless . . . there is a moratorium on rent payments. Moratorium? What’s that? A moratorium is a legally authorized period of delay in the payment of a debt. In other words, if a moratorium is in effect, then you don’t have to pay your rent . . . right now. Even if there is a moratorium in effect, then you will have to eventually pay the rent. You do not simply get to live where you are living rent free.

This poses a problem for those renters whose incomes have been taken away by the coronavirus. So what is a renter to do? First and foremost, don’t waste any unemployment or stimulus check that you might receive. If at all possible, pay your rent now. Because if you don’t pay your rent now, then you are going to owe it later. And if you don’t have it later, then your landlord is going to be able to rightfully evict you.

But what about moratoriums on evictions? How do those work? Again, a moratorium is a legally authorized period of delay. Eventually, the delay comes to an end, and the evictions can begin. In short, a moratorium on evictions does not mean that you give to live rent free. It just means that your landlord can’t evict you right now. Your landlord will be able to eventually evict you for not paying rent, even if you did not have the ability to make your rent payment.

In the end, it all sounds rather brutal, but it is something that we all have to live through. So, make sacrifices where you can and ask your landlord if you could possibly pay some rent now and make up the difference in the months ahead. For example, you might offer to pay 75% of your rent now and make up the difference by paying an extra $250/month (or whatever it might be) once you get back to work.

Landlords should be willing to work with their current tenants because if they don’t, then they’ve got to pay to evict them and then start all over again. Expect landlords to be reasonable, but, unfortunately, they are not required to be reasonable.