Lawrence Housing Supplement, Page 3
What It Means:
A Section by Section Explanation of the Rental Agreement
Bv EARL L.. HAEHL
This is a section by section summary of the model rental agreement. Some sections will be self-explanatory, some will require further comment. Under some sections, we will list alternative clauses that can
Section 1. This identifies the parties. There is room for name and address of landlord and tenants. The landlord's address is important for the purpose of paying rent and giving notice. A permanent (or parent)'s address for tenants would be helpful in some cases where tenants attempt to disappear.
Section 2. Section 2 (a)(1) identifies the premises being rented. In town an address is sufficient. For those renting farm property, the description should be clear and by section and township.
Section 2 (a) (2) refers to Appendix One, a check list attached to the agreement and signed by both landlord and tenant. At the time of occupancy, the landlord and tenant agree to deposit an amount in the condition of the furniture and appliances. A tenant may also go through the apartment and photograph the condition of the premises, furniture and appliances. This procedure is followed by the Government Services institution in all buildings leased to the federal government.
Section 2 (b) is the utilities agreement. It could also read: "Landlord agrees to provide the following utilities" Utilities in Lawrence are electricity, gas, and water-sewage-trash. For the purpose of this agreement the telephone is not a utility and is the responsibility of the tenant.
Section 2 (c) refers to Appendix Two. Appendix Two describes repairs that need to be done and the date by which landlord will complete them, so landlord can do certain repairs in place of a certain amount of rent. This is to leave room for bargaining. If repairs listed in Appendix Two are not completed by the date listed, the contract will be cancelled.
Section 2 (d) can read, "Tigerfish permitted but no puppies." The rules on pets are of ten vague—not a part of the lease, but a part of a set of "regulations." By putting the rule in the lease the landlord can protect its tenants from unauthorized use that said I couldn't have gerbils." And the tenant has the option of bargaining for snails, goldfish, piranhas.
Section 3. This is the term of the agreement. It may be month to month, or for a specified term. Generally it will be in writing.
Section 4. This is the heart of the lease: period rent. Generally the period is a month. This agreement includes machinery to work out the problem of default to a better advantage than simple eviction. Landlords are more interested in collecting rent than throwing tenants into the street.
Under the present Kansas law a landlord may serve an eviction notice as soon as the rent is overdue. The law provides for a 10-day notice to a tenant having a lease of three months or more, and a 3-day notice to a tenant having a lease shorter than three months or a lease longer than three months. The present law by allowing for late payment. Subsection (c) protects the landlord against habitual lateness. We have chosen to use the 10-day eviction in
the model agreement. The 3-day eviction could be substituted when appropriate.
Section 4 (d) talks of apportionment of rent. This means that rent is divided equally among the days of the month. For this purpose a month is considered to be a period of rent, and the number would become 3-Day if the rent were apportioned.
Section 5. From the number of complaints CPA receives and from the dockets of small claims court, we would deduce that the security deposit stands equal with the energy shortage as a cause for human misunderstanding. At two extremes we have some landlords who think the deposit is worth it and tenants who think the deposit as something that comes back automatically. Somewhere in between we find a reasonable compromise.
We talk often of the purpose of a university. But we look at a security deposit as something that is there. There is a vague idea that it should be paid, but not what it should do. Therefore, we have worked on Section 5. In terms of coverage the security deposit must be defined.
The deposit is to cover three damages caused by the tenant, his family, and his guests, above and beyond normal wear and tear. Some of these additional cleaning costs—a poor business practice. A certain amount of damage should be figured into the rent structure itself, but there is no reason extraordinary damage should not be avoided.
Rent may also be a factor. In this agreement, the Landlord may take accrued rent from the security deposit which is only fair. Some will argue for future rent when the tenant breaks a lease. The rate of turnover in apartments should be considered in the rent structure itself.
It is impossible to speak effectively about a rational system of security deposits without the inspections at the beginning and of the lease. Some sentiment has been expressed for an inspection after the tenant has vacated, but there is no reason that the tenant should have the right to be present. The disadvantage of inspection prior to the tenant's vacating lies in that the tenant may not clean everything up as he promises to—also there are visions of the party after the inspection. Within this agreement the requirement of inspection at the time the apartment is vacated.
Accounting must be made. The model code defeated in the 1974 legislature says a written accounting of the security deposit must be made within 14 days after the tenant leaves and return of the security deposit minus deductions must be made within 30 days. The model code must also reduce to both reduce paperwork and simplify the process.
One real problem is a definition of "normal wear and tear." The agreement does not attempt a definition, because the definition exists only as applied to a specific case—there is no objective definition.
OPTIONAL CLAUSE
1. a security deposit is required by Landlord, the entire amount of the security deposit will accrue interest at the annual rate of five (5) percent. The amount of security deposit in addition to the amount of security deposit returned.
ine interest clause was deleted from the model agreement after discussion. It would not amount to more than a few dollars and is not worth endangering the lease as a whole.
**section 6.** This section deals with the termination of the agreement. Retaliatory eviction or decrease of services becomes prohibited, but the landlord still has the right to avoid rent default and tenants who destroy property.
section 7. This gives the tenant certain remedies against the Landlord. Like the matter of getting rent rather than evicting, the tenant also has a greater chance of being able to move in or in walking the street looking for new housing.
While two possible remedies are available to a tenant unlawfully removed from the premises, termination of the agreement would seem the most likely from a practical point of view.
Section 8. This is the "constructive eviction" provision. There is no fault imputed to either party, yet it is impossible for the agreement to be performed. The tenant, therefore, has the right to either termination or a reduction in rent. The faster the landlord knows of the situation, the sooner it can be remedied—if it can.
Section 9. Assigning the contract means assigning one's duties to the landlord to another person. He would then pay the rent and have the dwelling unit from the tenant in the same terms as the tenant—the contract continues.
When a tenant sublets the unit, he keeps his response to the moved. The person who occupies the sublet is not required to respond.
**Section 10.** Housing without maintenance produces slums. If tenants ignore the regulations affecting health, safety and sanitation, the next tenants will have a worse place. And after a certain point, there is no return. Minor annoyances like leaking pipes, if they are not repaired, can be maintained so the pipes do not freeze and burst.
Section 11. The urge to remodel is great. But what may be important to one tenant may be a detriment in renting the apartment again. Here the request must be reasonable--knocking out walls would be out of line.
Section 12. This warranty of habitability of the premises and usefulness of the furniture and appliances is general. The one powerful weapon granted the tenant is rent withholding. However, there is a month notice to the landlord required before rent can be made. In order to avoid the landlord to scream, "Breach of contract," and have his eviction enjoined. And the obligation to pay rent is reinstated as soon as the breach ismended.
Alternatively, there could be a self-help clause allowing the tenant to call in repair personnel and case management.
Section 13. The purpose here is to protect the tenant's right of quiet enjoyment and assure that the landlord will be present.
**Section 14.** An agreement for all seasons would be quite handy. But, as Napoleon found when he tried to have a code that covered all situations, there is no such animal. If good faith prevails, landlord and tenant can work out the problems as they arise. If not, there are very available. And they will inevitably be resorted to.
Many landlords require you to pay a security deposit when you sign the lease or when you move in. Before you pay, you should know exactly what the deposit is for and how you can get it back.
Here's How To Protect Your Deposit
Normally, the deposit is supposed to cover the landlord's losses if you damage the property or leave without paying your rent. If you don't cause the landlord any problems, you should be submitted to get the deposit back when you move out.
Many landlords also use the deposit as a "holding" deposit which holds the apartment for you until you move in. Then, if you decide not to rent it after all, you forfeit the deposit.
Some landlords also write a provision into their leases stating that the tenant will forfeit the entire deposit if he or she violates any part of the lease agreement. The landlords are very strict in determining what a violation is.
Security deposits are one of the biggest sources of disputes between landlords and tenants. To protect your deposit, you should get a written receipt and a written statement covering what the deposit can be used for and when it will be returned. This statement may be included in the lease.
CHECKLIST. A check in-check out list will protect the tenant and landlord by providing evidence in case a dispute over damages or cleaning charges arises. You should have a list of everything the landlord and make a complete list of everything in the apartment and its condition. This should include walls, floors, and all fixtures as well as furnishings. You should be very thorough, making sure all damages, hazards, and messes are removed that cannot be blamed for them when you move out. You and
your landlord should sign and date the list and keep a copy. If the landlord refuses to cooperate, have a reliable witness look over the apartment and sign the check list.
A model for setting up a check list is included with the model rental agreement in this supplement.
When you are ready to move out, again have the landlord go over the apartment with you, using the same list. At this time, the landlord should tell you to leave immediately from your security deposit and out in writing.
When your landlord returns your deposit, ask him to include an itemized accounting of how he spent the money not returned. You have a right to know how your money was used.
SMALL CLAIMS COURT. Tenants who do not receive security deposit refunds to which they are entitled may file claims against their landlords in Small Claims Court. In Douglas County, the court is located in the County Courthouse at 11th and Massachusetts, on the first floor.
Be sure your security deposit is not spent for normal maintenance expenses or to clean the apartment better than it was cleaned for you. Unless a repair is actually caused by your intelligence, it should be the landlord's responsibility.
The Small Claims Court may be used for any claim of three hundred dollars or less. No lawyers are allowed to represent the parties, and the proceedings are intended to be carried out from the date of film. The filine fee is five dollars.
The Consumer Protection Association will be glad to advise tenants about how to use the Small Claims
Special KU Relays Issue
Friday, April 19, 1974
auto Companies Given Licenses to Sell to Cuba
HINGTON (AP)--The State Department announced yesterday approval of licenses to three U.S. automakers for their Argentine subsidiaries to sell
Department officials insisted that the decision didn't signify a change in the rail U.S. support for the embargo.
announcement constituted perhaps the most significant circumvention of the on-ation of American States embargo imposed Cuba 10 years ago.
nal U.S. support for the embargo,
policy toward Cuba is unchanged," an official said, adding that the decision to account the economic interests of the three American subsidiaries in na.
did not wish to see these U.S. companies suffer as a result of U.S. policy," the said.
r in the day, Cuba made it known it is prepared to become an active parin-
inter-American relations for the first time since 1962.
censes involves the sale of Ford, Chrysler and General Motors Corp. vehicles to auto industry sources have indicated that the deal may involve $180 million.
Department of officials said last night they believe it is "extremely unlikely that import of Cuba would be represented in Argentina" at a meeting of foreign of OAS nations. They said several countries have opposed the presence of OAS nations. The United States, which has established relations with Cuba, thus unilaterally violated the OAS embargo, quantily. Argentina and Cuba announced a six-year $1.2 billion trade ant which includes the sale of auto manufactures by the three firms in
applications were received here last November but no decision was made solely because of the Nixon administration's reluctance to help violate the law.
ils had also expressed concern that a growing number of applications might vfd from other American subsidiaries overseas wanting to do business with
touled to U.S. officials, the issue came to a head Wednesday night when y of State Henry A. Kissinger met with hemispheric ministers.
ger reportedly said that a final decision could be made only by President and Kissinger apparently got the green light from the White House yesterday. 4 hours earlier, high State Department officials were saying there would be change in U.S. attitudes toward Cuba until at least the end of the year.
once the late Ernesto “Che” Guevara represented Cuba at a conference in 1962 has Cuba participated in an inter-American forum.
amrée year the Cuban government was excluded from the Organization of in the states, which decided that Cuba's Marxist-Leninist system was in violation.
earers later, the OAS decreed a commercial and diplomatic engagement on the finding Cuba guilty of attempting to overthrow the Venezuelan govern-
was expressed no desire to return to the OAS but since the Argentina meeting held outside the OAS framework, Cuba's participation would not be in sight.
months of the year, the first decline in three years and the biggest drop since 1988. Inflation, on the other hand, soared at a 10.8 per cent annual rate.
The double-burred dose of bad economic news came one day after President Richard Nixon announced he was going to play a role in formulation of economic policy.
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It also raised serious questions whether
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crisis apparently were important factors in the first-quarter economic decline.
The Commerce Department said the sharp cutback in auto production was one of two major reasons for the decline in GNP. The other was a decrease in home sales, which have been declining at rates.
Over-all GNP in the first quarter increased $14.3 billion, or 4.4 per cent over the fourth quarter, to an annual rate of $153.8 billion. All of the increase was due to inflation.
The inflation rate of 10.8 per cent showed that the administration had a long way to go before meeting its promise of a much higher price increases in the second half of the year.
Figures computed at an annual rate mean that the rate would be the final figure at the end of a 12-month period if the trend continued unchanged.
The 5.8 per cent rate of decline in the GNP in the first quarter compared with an increase of 1.6 per cent in the fourth quarter, is about 27.3 % at the height of an economic boom.
The first-quarter drop was the biggest since a 9.2 per cent decline in the first quarter of 1988. The last decline was in the third quarter, when the GNP fell at a 4.8 per cent annual rate.
The rate compared with an 8.8 per cent rise in the fourth quarter of last year.
poena last month without a fight.
The 64 conversations span nearly a year's time—beginning with a meeting Nixon had with special counsel Colson on June 20, 1972, and ending with telephone conversations the President had with Haldenman on June 4, 1973.
Twenty-four of the conversations sought are included in a subpoena issued by the House Judiciary Committee for its imputation. The committee's request requires compliance by next Thursday.
The committee's chairman, Peter W. Rodino Jr., D.N.J., said in a television interview yesterday that any White House editing of the 42 conversations his committee subpoenaed "could be considered a possible ground of impeachment."
Rodine and he wouldn't be satisfied with excited versions and that it was necessary to have a real, more complex solution.
"Unless this is done," he said, "this is going to be considered by the committee as a refusal on the part of the White House to comply."
He agreed the White House should be able to screen national security information and lead leaders of the House inquiry should be prepared to determine what could be screened out.
Otherwise, Rodino said, the White House would make the determination of what to do.
Ken Kesey Speaks Out for Protection of the Environment
and MICHELE LONSDORFER
By JAN HYATT
Kesey Urges Change of Lifestyles
Kansan Staff Reporters
Ken Keshey made his pitch for community action for environmental protection in a speech in a speech and "town" building at Baltimore.
Kesay, author of "One Flew Over the Cuckoo's Nest," said the state of the natural environment was rapidly growing worse because of over-consumption and wasteful lifestyle. He used examples of wasteful products and disposable diapers as examples of wasteful products.
An audience of 1,500 filled the hallroom and the surrounding balcony to hear Kesey read some of his poetry and to watch a performance.
After the film, Kesey spoke about the Oregon Proposition, a council of Oregon citizens who will meet July 3 in Eugene, Ore.
The film showed the exploration, refining and transportation of oil and its use in agriculture to make fertilizer and run farm machinery. It then showed wheat being milled and baked into uniform leaves of white bread and delivered to consumers in plastic wrappers. A slice of bread was burned in a toaster and ended up in a garbage pile.
to “plan the next 25 years.” They will discuss transportation, power consumption and development, land use, waste disposal, water use, agriculture and forestry, environmental opinions on how Oregon environment and environment should be used. Kesey owns a 64cream farm near Eugene, and he helped build it.
Kesey then announced that the lecture was over and a "town meeting" of Lawrence citizens had begun which would elect a new mayor.
Following nominations from the floor and speeches by the nominees, Merle Goldman, Rockville Center, N.Y., sophomore, was elected in a run-off vote with Jerry Harper, Lawrence law student. Kesey passes hats through the audience to collect money to pay for her trip to Oregon. He said if there was enough money, both Goldman and Harper would attend.
Between poems Kesey described himself as "a worried man" who had changed in recent years. He compared continuing economic growth and environmental destruction to a vision of engineers on a train that was heading too fast toward a slur curve.
See KESEY Page 2
"One group decides to blow up the tracks, and the other group stays and tries to slow the train down," he said. He elected to be