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Wednesday, September 9, 1992
UNIVERSITY DAILY KANSAN
THE PHIL ZONE
1337 Mass. Lawrence, KS 66044 841-1333
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Mail to: Mona Grimsley, WCNOC, Box 411
Burlington, Kansas 66839 EC
Service aids in tenant disputes
By Stacy Morford Kansan staff writer
The barbecue grill of student body president Brad Garlinghouse bounced twice on the Jayhawk bookstore's patio. His landlord threw two other grills from the roof-top apartments before informing their owners they had 48 hours to get out.
Instead of complying with his landlord's order, Garlinghouse called Legal Services for Students.
Approximately one-fourth of the problems the Student Senate-financed service encounters are tenant-landlord disputes, said Vivian Bliss, an attorney with the service, which assists about 80 students each week.
"A lot of times problems arise because students don't know their rights and responsibilities," Bliss said. "Students have paid for us, I'd like to see them come in before they sign their leases and get the info precrisis."
Michele Kessler, another legal services attorney, refers to a section of the Kansas Residential Landlord and Tenant Act, or KRLTA, when handling an eviction problem like Garlinghouse's.
The act requires a landlord to notify tenants of the impending eviction and to explain how they have violated the contract. If the tenants do not amend the problem within 14 days, the landlord may terminate the lease 30 days
"In a tenant-landlord dispute, the primary governing things are the lease and the KRLTA," Bliss said. "Instead of just throwing all your stuff out on the sidewalk when you breach the lease, the landlord must go through the legal process."
from the notification date.
First, the landlord must properly notify the tenant. If the tenant chooses to ignore the notice, the landlord may file a forbicate detainer, which is a legal action asking the court to find the tenant in the wrong.
"Once the court issues an order, usually most tenants comply," Bliss said. "If the tenant still does not comply, the landlord can use the sheriff to move you out if that is necessary."
"The landlord may not shut off the utilities to force someone out and cannot simply lock a tenant out."
Yet Jay Kretzer, Lawrence sophomore, faced that situation in August 1991.
Kreitzer was notified by his landlord that he had one month to leave his apartment after his washing machine caused $15,000 in damage to the building.
Kreitzer spent the two weeks following the incident in Kansas City. When he returned to the apartment, the locks had been changed, and a note on the door stated his possessions would be locked in storage until he paid for the damages.
"In historic law, landlords were allowed to hold people's personal
property," Bliss said. "That is certainly no longer the case. It is not allowed under Kansas law to hold someone's belongings hostage."
Kreitzer's possessions, which he estimates to be worth $6,734, remain in storage.
"A lot of it I had to replace, 'Kretzer said. I bought a new computer and waterbed and all new clothes. Most of what he's got I already replaced."
Kreitzer is suing his landlord for the return of his possessions and the extra costs he has incurred due to what he considers wrong eviction.
"Damages for wrongful eviction vary from person to person," Bliss said. "It could include hotel room costs, the value of possessions lost or damaged, or extra rent if the tenant cannot find an affordable apartment."
If unlawful eviction is proved, tenants can recover 1/2 times the perjury rent or the amount of damage they incurred, whichever is greater, Bliss said.
Eviction is not the only legal problem that could arise when students fail to pay.
Brett Baker and Sam Clark, both Lawrence juniors, had planned to split the rent for their apartment with a third roommate, but that roommate stopped paying rent when he moved out at mid-semester.
When Baker and Clark refused to pay the entire amount, their landlord took them to court. The court decided they had breached the lease and
ordered them to pay.
"The issue here is joint and several liability," Bliss said. "Everyone who signs the lease is responsible for the rent. The landlord doesn't care where the rent comes from. He can legally go after anyone who signed that lease."
"As soon as rent is overdue, a landlord can give tenants a notice that they must pay within three days or the lease will be terminated," Bliss said. "If the tenant breaches the contract, even if the tenant moved out, he or she is still liable for rent until the landlord can find a renter or the lease ends." Bliss said.
Garlinghouse still is trying to resolve his situation.
The lease Garlinghouse signed specifically stated that the tenant agreed to prohibit any activity on the roof top except for emergency exit.
Garlinghouse had his barbecue on the roof.
"Granted, we were violating that part of the lease," Garlinghouse said. "But regardless, that gives him no right to do what he did."
"If the grill was causing damage, he could have said something. He did have to give us 14 days."
Health experts urge rabies vaccinations
On the morning of Sept. 2, Garling-house filed a petition in small claims court requesting $138.61, the replacement cost of his damaged grill.
Garlinghouse's landlord said that he planned to file a counter suit against Garlinghouse.
By Joe Harder
Kansan staff writer
K-State tests all possible cases of rabies, a disease that affects the nervous system of animals and that is very lethal.
"By vaccinating their pets, owners actually erect a barrier between rabid animals and themselves," said Deborah Briggs, director of the rabies laboratory at Kansas State University.
Although the number of rabies cases being reported in Kansas has decreased since a high in March, pet vaccination is still important, a health official said.
Reported rabies cases in Kansas reached 114 in March, the highest number since the lab began recording cases in 1966. Since March, the number of cases has been decreasing, with 13 being reported in August. One positive rabies case has been recorded so far in September.
Briggs said the increase was due to a higher skunk
In 1992, 340 positive rabies cases have been reported. The total last year was 63.
population, warmer temperatures and more precipitation.
Although skunks are the primary carriers, humans are usually infected by domestic animals.
When you get more skid snunks, there is more of a chance that domestic animals will be exposed to skid snunks.
Because of their mass subterranean habits and susceptibility to the disease, skunks are the primary carriers of rabies in Kansas. Warner winter temperatures this year made it easier for skunks to breed, as well as increasing their survival chances, Briggs said. And higher precipitation created a larger food supply.
Kansas requires dogs and cats to be vaccinated when they are between 3 and 6 months old. A booster is given one year later. Depending on local regulations, the animal is then vaccinated either every year or every three years following the booster shot, Briggs said.
The best thing to do if you are bitten is contacting a physician or vet, who can tell you what the chances are of the animal being rabid, she said.
The chance that a skunk or fox is infected is greater than for a mouse or rabbit, she said.
Lawrence Magee, a physician at Watkins Memorial Health Center, said the procedure for treating an animal bite varied according to the situation.
"If the animal has had its rabies vaccine, it is treated simply as a bite, and rabies is not concerned," he said.
But if the animal has not been vaccinated, there are two options.
One option is to sacrifice the animal and send its brain to K-State for testing, Magee said.
"If it doesn't get sick in 10 days, you're usually pretty safe," he said.
The other option is to place the animal in captivity for a 10-day observation period.
If the animal does show signs of rabies within that time period, or if it was a wild animal and cannot be observed, the patient should undergo a post-exposure immunization, Magee said.
The immunization consists of seven shots received during a month and costs between $700 and $900, Magee said.
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