By Sara Gebhardt
Saturday, November 24, 2007

Q: I know you're advised to read the lease before signing it; however, if you're ready to move in (the moving truck is parked outside) and you've already left your old apartment, what should you do if the lease has rules you're not happy with? Move into a motel? -- Richmond

A: Let's start with what you should do before you find yourself in that situation.

You need to ask for a copy of the lease long before you start packing. Read it carefully before you put your belongings in a moving truck and relinquish the keys to your old place. You can think more clearly and better understand the lease if you are not reviewing it under duress. Your prospective landlord should be amenable to giving you a lease to look at overnight or for a few hours, rather than forcing you to read and sign it on the spot.

Wherever you read the lease, doing so early will give you leeway to address terms that might strike you wrong.

Of course, even if you disagree with parts of the lease in the days leading up to your move, you will have to negotiate with your landlord and attempt to settle the problems immediately. While you probably will already have begun packing and have given notice to move out anyway, you will have a few more days to discuss your worries with your landlord. It will alleviate some pressure.

Obviously, you do not have to sign a lease that you do not like. In fact, you shouldn't enter into an agreement unless you are ready to live by the rules it spells out. Words can be crossed out and forms initialed to cope with last-minute changes.

Even in the final hour -- moving truck and all -- it's better to deal with a temporary living arrangement than to get involved in a 12-month relationship with a landlord under terms you object to.

And if you don't have a backup plan -- such as a friend's house, another apartment, ditching your stuff in a storage unit -- a night in a motel can save you from binding lease terms and long-term aggravation.

I moved out of my apartment and cleaned up very well. I went back the next day for an inspection and found out that maintenance had entered the apartment and already begun work. Can I demand my full deposit back because now they can't prove any damage was my doing? I know they have 45 days, but how soon can I call to see if it is in the works? -- Washington

You can call your landlord or apartment manager at any point to ask about your security deposit.

In this case, you should call or write a letter stating that maintenance had started work on your place before your tenancy was officially over. (I assume this is true because you still had access to the apartment.)

Mention that you had cleaned up, left the apartment as you found it and expect to receive your security deposit in full.

If your landlord tells you that she inspected the place before the maintenance work began, remind her that you had not officially moved out yet. Ask your landlord what problems, if any, were found. Either way, it sounds like the landlord jumped the gun on the inspection.

Based on the timing of the maintenance work and the official end date on your lease, it seems that you are entitled to your money back, unless there are areas of the apartment (like a broken windowpane in a room where workers had not gone) that were obviously not damaged by anyone but you.

I'm getting ready for the snow. Last year, my apartment complex was horrible about shoveling the walks and plowing the parking lot. During the first storm, the lot never got plowed and was just lightly sanded two days later. One of my neighbors slid into a light post. If I fall and injure myself or have a car accident because of the lax shoveling and plowing, do I have to pay for repairs, or is the complex responsible? -- Herndon

It's good that you are bracing yourself for winter before the first storm hits. A conversation with your landlord or building management staff would probably be better received than after-the-fact finger-pointing.

Discuss your concerns with your management company. Ask for the guidelines on treating sidewalks and parking lots when there is an ice or snow storm -- preferably in writing.

If you cannot gain such a document, then for your own records, write down what management tells you. Having such a discussion will give you a stronger voice with which to complain to management if they are unreasonably slow in reacting to storms. You will also have a better case should you get into an accident due to their inattention.

The general rule your management has to follow is to treat the snow -- whether with sand, shovels or plows -- within a "reasonable" period. So if you fall or have an accident, a court would evaluate various factors in deciding whether your management company was lax in its care of the dangerous conditions.

Obviously, you should do your best to keep from falling and skidding. If you do not think your management company is doing its part in keeping you reasonably safe, call the local government's housing office to file a complaint.

If management is aware of accidents that occurred last year and that residents are contemplating ways to take action, the staff might compel the snow clearers to do a better job this year.

Do you have questions, comments or ideas about apartment life? Contact Sara Gebhardt via e-mail at aptlife@gmail.comor by mail, c/o Real Estate Editor, The Washington Post, 1150 15th St. NW, Washington, D.C. 20071.