Rental Contracts and Finding Housing
Compare leases, month-to-month terms, screening, and housing options before you sign.
Start with the lease, because in the US it is the document that controls the deal you are actually signing. The Massachusetts Attorney General explains that a lease is a contract with fixed terms, usually for one year, and it cannot be changed while it is in effect unless both sides agree; a tenancy-at-will is the month-to-month version that continues until properly ended, with notice usually due 30 days or one month before the next rent payment, whichever is longer (Massachusetts AG guide). New York’s tenant guide adds that a lease should identify the apartment, the parties, the rent amount and due dates, the rental period, the occupancy conditions, and the rights and duties of both sides, and it notes that an oral lease for more than one year cannot be legally enforced (New York AG guide). For a newcomer, that means every important promise should be written down, because rent, repairs, pets, parking, renewal terms, and move-out timing can become expensive disputes if they are only spoken aloud.
Lease choices and what to check before you sign
| Topic | What the source says | Why it matters |
|---|---|---|
| Fixed-term lease | Usually lasts six months or one year and stays fixed until it expires. | Gives you stability if you want predictable rent and move-out timing. |
| Month-to-month tenancy | A tenancy-at-will continues until either side ends it with proper notice. | Gives flexibility if your job, school, or visa timeline may change. |
| Automatic renewal | Some leases renew automatically unless you give notice not to renew. | You can miss a deadline and get locked into another term. |
| Public housing or voucher applications | HUD says applications are written and can ask for household members, address, landlords, employers, banks, and expected income. | You should gather documents before you apply, not after. |
| Screening and consumer reports | FTC and CFPB say tenant screening reports can trigger denials, higher deposits, or extra fees, and those decisions can require notice. | You can ask for the report and correct errors quickly. |
When you search for a home, do not limit yourself to private listings. HUD says public housing is for low-income families and individuals, with eligibility based on annual gross income, whether you qualify as elderly, disabled, or a family, and your citizenship or eligible immigration status (Public Housing Program). HUD also says Housing Choice Voucher participants can choose their own apartment or rental home in the private market, while the local Public Housing Agency checks income, family size, citizenship or eligible immigration status, and household information (HUD Rental Assistance, HUD state pages). If you are new to the country or still building your credit, that matters because the private market often asks for a background check, while a public housing agency or voucher program may offer a different path into a unit. The HUD public housing page says the application is written, so plan to collect the names of everyone who will live there, your current address and phone number, your anticipated income, and landlord and employer details before you start. That preparation saves time and makes it easier to respond when a unit opens.
Screening is another place where first-time renters often get surprised. The FTC says landlord background checks are consumer reports, and they can include rental history, credit history, criminal records, and reference checks; if a landlord uses one of those reports to deny you, require a co-signer, demand a larger deposit, or charge a higher rent, the law requires an adverse-action notice and, in many cases, disclosure of the reporting company’s name, address, and phone number (FTC guide, CFPB rental background check review). CFPB also says that if you request the free version of the report within 60 days, you can review it for outdated evictions, duplicate records, wrong criminal entries, or incorrect debt amounts. In practice, that means you should treat the screening step as part of your housing budget, not just a formality. Ask what documents they want, whether they use a tenant-screening company, whether they accept vouchers, and whether the listed rent includes any mandatory fees. If the landlord or broker is vague, insist on getting the answers in writing before you pay any nonrefundable application fee or deposit.
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Electricity, Gas and Water Setup
Check utility responsibilities, heating rules, and what to do if bills are not paid.
Utility setup begins with the lease, not with the utility company. The sample rental agreement from Consumer.gov spells out a clear split: the landlord is responsible for water, sewer, garbage, and trash, while the tenant is responsible for electricity, gas, heating, telephone, and any other utilities not listed under the landlord’s responsibility (Sample Rental Agreement). That example is useful because it shows the kind of language you should look for in any lease: who pays what, which services are included in rent, and whether you will be billed directly by the utility or reimbursing the landlord. The New York Attorney General’s tenant guide adds a related warning for people who pay their own heating and cooling bills: before signing, you are entitled to receive a complete set or summary of the past two years of bills free of charge, if you request them in writing (New York AG guide). That rule helps you estimate winter costs before you move in. If the lease does not say who pays a utility, do not assume it is included. Ask for a written correction before you sign, because utility responsibility often decides whether a place is affordable.
Common utility questions to settle before move-in
| Utility or issue | What the source says | What to confirm |
|---|---|---|
| Electricity, gas, heating, telephone | The sample agreement makes the tenant responsible for these items. | Ask when each account should start and whether the meter is already active. |
| Water, sewer, garbage, trash | The sample agreement makes the landlord responsible for these items. | Confirm whether they are included in the rent or billed separately. |
| Heating season | New York says heat must be supplied from October 1 through May 31 in multiple dwellings. | Check whether your building meets the minimum temperature rules. |
| Hot water | New York says hot water at the tap must be at least 120 degrees, or 110 degrees in a tub or shower with an anti-scald valve. | Know when low hot water becomes a habitability problem. |
| Heating/cooling bills | New York says you can request the past two years of bills free in writing before signing. | Use the bills to forecast your monthly budget. |
Heating and hot water are not optional comfort items in the sources we have here; they are habitability issues. The New York Attorney General says that in multiple dwellings, heat must be supplied from October 1 through May 31, and if the outdoor temperature falls below 55 degrees between 6 a.m. and 10 p.m., the apartment must be at least 68 degrees; if the outdoor temperature falls below 40 degrees between 10 p.m. and 6 a.m., the apartment must be at least 55 degrees (New York AG guide). The same guide says landlords must provide hot and cold water, with hot water at or above a constant 120 degrees at the tap, or 110 degrees for a tub or shower with an anti-scald valve. Those numbers matter because they give you a concrete standard to check if the apartment feels cold, damp, or barely functional during winter. If you are comparing units, ask whether heat, hot water, water, sewer, trash, and electricity are included, because a cheap rent can become expensive once utility bills are added.
If the building owner falls behind on utility bills, the tenant should not be left to guess what happens next. The New York tenant guide says that when a landlord of a multiple dwelling is delinquent on utility bills, the utility company must give advance written notice before discontinuing service, service may not be discontinued if tenants pay the current bill directly to the utility company, and tenants can deduct those charges from future rent payments (New York AG guide). The guide also says the Public Service Commission can help with related problems. That gives you a practical record-keeping rule: keep copies of your lease, utility clauses, payment receipts, and any written notices about service problems or bill transfers. If the lease says utilities are your responsibility, make sure you know exactly whether the account is in your name, the landlord’s name, or the property manager’s name. If the answer is unclear, ask in writing before move-in, because utility confusion often becomes a billing fight later rather than a simple setup step.
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Home Insurance and Maintenance Fees
Separate renters insurance from home insurance, and know which fees are legal.
If you rent, the first insurance question is usually renters insurance, not homeowner’s insurance. Texas says a landlord’s insurance will not cover your personal items, and renters insurance is there to protect belongings from theft or damage from a burst pipe or another covered cause; the same source says a typical policy includes personal property coverage, additional living expenses, and personal liability, and it notes that the average renters policy in Texas costs about $20 a month (Texas renters insurance). That source also says renters insurance is not required by law, but some landlords may require it, and most policies do not cover floods. If you buy a place instead of renting, the Consumer Financial Protection Bureau says homeowner’s insurance pays for losses and damage if something unexpected happens, like a fire or burglary, and lenders generally require proof of insurance when you have a mortgage; standard homeowner’s insurance does not cover earthquakes or floods, though extra coverage may be possible (CFPB homeowner's insurance). That distinction is important because many newcomers use the phrase home insurance for both products, but the coverage and the rules are not the same.
Fees and charges to check before you move in
| Topic | What the source says | Practical takeaway |
|---|---|---|
| Renters insurance | Covers personal property, additional living expenses, and personal liability; floods are usually not included. | Buy it separately if you want protection for your belongings. |
| Homeowner's insurance | Lenders generally require proof; standard coverage does not include earthquakes or floods. | If you buy, budget for insurance alongside the mortgage. |
| Up-front move-in payments | Massachusetts says landlords may ask for the first month’s rent, a security deposit up to one month’s rent, the last month’s rent, and the actual cost of a new lock and key. | Do not agree to extra move-in charges without checking local law. |
| Cleaning and repair charges | Massachusetts says leases cannot require professional cleaning at the end or repairs to areas beyond the tenant’s apartment. | Challenge charges that go beyond ordinary wear and tear. |
| Late fees | New York says rent is late only if received more than five days after it is due, and the late fee cap is $50 or 5% of monthly rent, whichever is less. | Know the cap before you sign. |
Maintenance fees and move-in costs can be harder to spot than the rent line itself. The Massachusetts Attorney General says a landlord may only ask for certain up-front payments: the first month’s rent, a security deposit that may not exceed one month’s rent, the last month’s rent, and the actual cost of a new lock and key (Massachusetts AG guide). The same guide says landlords may not charge up-front pet fees, broker fees, or application fees at the start of a tenancy, and they cannot require the tenant to pay for ordinary wear and tear, for repairs to parts of the building beyond the tenant’s apartment, or for professional cleaning at the end of the lease. It also says optional amenities such as parking, a pool, or a fitness center do not need to be included in the advertised price if the tenant can decline them. Those rules are useful even if you do not live in Massachusetts, because they give you a checklist of charges to question: deposit, cleaning, broker, application, and amenity fees should all be separate items, not vague extras hidden in the rent.
Once a deposit is taken, good paper trail matters. Massachusetts says security deposits must be deposited in a Massachusetts bank account that collects interest, kept separate from the landlord’s money, and returned within 30 days after the tenancy ends, minus lawful deductions for unpaid rent or damage beyond normal wear and tear. The landlord must also give the tenant the bank name, address, and account number, and a statement of condition within 10 days of the beginning of the tenancy or receipt of the deposit, whichever is later (Massachusetts AG guide). New York’s tenant guide adds that landlords must give a receipt when rent is paid by cash, money order, cashier’s check, or any method other than a personal check, and if the tenant requests a receipt once, the landlord must provide one every month; New York also caps late fees at $50 or 5% of monthly rent and says a rent payment is only late after five days (New York AG guide). For maintenance, insurance, and fees, the safest habit is simple: photograph the unit at move-in, keep every receipt, and get every charge in writing before you pay it.