Jan 15, 2012

Can a Realtor Make You Sign a Lease Without a Landlord?

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The average two-bedroom rental cost $959 a month as of 2010, according to statistics from the National Low Income Housing Coalition. Renting a house, room or apartment involves finding the house or apartment that fits your needs. While you can often locate a rental unit by working directly with the owner or landlord of the property, you may find it easier to enlist the help of a Realtor in locating a rental property. Your Realtor may ask you to sign a lease without the landlord being present, but she cannot force you to sign a legal document without your consent.



  1. Standard Rental Process

    • When working with a Realtor, she will show you houses or apartments that fit within your budget and your desired location. While some Realtors may approach private owners who are trying to rent properties on their own, most Realtors will show you rental options listed in the multiple listing service. The Realtor may or may not be the listing agent. Once you find an acceptable rental property, the Realtor will contact the listing agent and indicate you are interested in leasing the property. In a normal course of business, your Realtor will explain the terms of the lease to you and ask you to sign the lease. She will then send the signed lease to the listing agent, who will forward the lease to the landlord or owner for approval.

    Rationale

    • The leasee, or the person renting the property, signs the lease before the landlord to show that the leasee is interested in the property and willing to abide by the terms of the lease. In some cases, you as the leasee may request different terms than the ones included in the standard lease. For example, if you want a 15-month lease rather than a 12-month lease, you and your Realtor can request that change for the landlord's approval. The lease will include the property address, terms of the lease, the amount of rent due and any other obligations on the part of the leasee or the landlord.

    Strategies

    • Prior to working with a Realtor, ask her for information on how the rental process works in her firm. Ask her about communication with the landlord, if she shows properties from other companies and the standard practices for the rental community in your area. If she is not the owner of her firm, request a meeting with her broker to clarify any questions on how the lease signing process works. Explain to the Realtor your concerns about signing a lease without talking or meeting the landlord. Tell the Realtor you may show the proposed lease to your attorney before agreeing signing the lease.

    Cautions

    • You can request to have direct communication with the landlord at any point if you are uncomfortable signing the lease. The landlord may not agree to the request, and you can continue looking at other properties if you desire. If you feel uncomfortable with any request your Realtor makes, you can change Realtors with no obligation. Signing a lease for a rental property gives you the legal obligation to complete the terms of the lease, including required deposits, monthly payments and an understanding of the lease termination options.

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