University Daily Kansan, August 19, 1982 Page 5
Act protects tenants, landlords
By DIANE LUBER Staff Reporter
"What is that scratching noise?" the woman asked her son, a KU student, as she surveyed the stained and peeling wallpaper in his apartment.
"It's the cockroaches eating the wallpaper paste," he replied. "Watch this." He then grabbed a few minutes. When he turned them back on, cockroaches were everywhere.
"I was from western Kansas, and it was so dry there we didn't have those pests," said Marie Lynch, a Lawrence rental agent, as she remembered the previous incident, which got her into the rental business 38 years ago.
"I THOUGHT, 'Our children are not going to live like this,'" Lynch said. Lynch and her husband bought the house at 1216 Louisiana St. so their daughter could live there while she ate dinner. Lynch and her mother, Lynch now owns more than a dozen rental properties, mostly houses and multifamily units.
And she had some advice for tenants.
"Keep your apartment like it was
your home. And pay the rent on time.
Non-payment of rent and tenant de-
struction of property are the two pro-
blems that most offer prompt landlord
contracts. The Consumer Affairs Association,
said Clobie Clark, Consumer Affairs direc-tor.
"Tenants don't always understand their responsibilities," he said.
"READ THE LEASE," Chapman said emphatically.
If tenants read and clearly understood their leases, many landlord and tenant problems would not arise, he said.
Whether or not there is a lease, a landlord and tenant are subject to the provisions of the Kansas Residential Landlord and Tenant Act passed in 1975.
The Landlord and Tenant Act spell out the duties of both landlords and tenants. It also states the remedies available to both should either fail to perform those duties, its regulations and prohibitions, or landlord's right to enter the property and evictions. No terms of a lease may violate this act.
"Tenants often call Consumer Affairs about repairs," he said. "There are no strong remedies for dealing with repair problems in the Kansas Landlord and租户."
The act states that a tenant cannot withhold rent to get a landlord to make necessary repairs. Nor can a tenant pay rent and deduct the expense from rent.
If the situation requiring repair constitutes a breach of the lease, the Landlord may cancel the lease.
Minimum Structures Code, the tenant can notify the landlord in writing that the lease agreement will be terminated 30 days from the next rent-paying date if the repairs are not made within 14 days. Termination of the lease agreement means that the tenant can move out.
Tenants also call Consumer Affairs when they have trouble getting their payments.
One way to avoid a conflict about security deposits at the end of a tenant's occupancy is to do an inventory inspection when the tenant moves in.
The Landlord and Tenant Act states that, within five days of the initial occupancy, the landlord and tenant should jointly inventory the apartment and record in condition. This protects the tenant from damage for damages existing before occupancy.
Dougherty and his roommates did not do an inventory inspection when they arrived.
"THAT WOULD HAVE saved a lot of trouble," said Tom Dougherty, Garnett's head coach.
When they moved out April 16, their landlord took their $48 security deposit and claimed that they had caused a leak in the drywall work by staining insulating plastic to it.
"We had nothing but verbal agreements." Dougherty said.
"Get everything in writing," said
Chapman, Verbal agreements are binding but can be difficult to prove.
The Rental Eousing Handbook published by Consumer Affairs contains a sample lease and an inspection and inventory record.
"DEAL WITH landlord-tenant relations as you would any other important business transaction," Chapman said.
Copies of the Rental Housing Handbook, the Kansas Residential Landlord and Tenant Act, the Minimum Structures Code and other information about landlord-tenant rights and responsibilities are available at both Consumer Affairs Association offices, at 819 Vermont St. and in the Kansas Union.
As for roaches, getting rid of them may be the landlord's responsibility if an inventory inspection shows evidence of their presence. If cockroaches invade because tenants fail to keep their apartments clean, getting rid of them becomes the tenants' job, Chapman said.
If the Landlord and Tenant Act had been in effect in 1944, Marie Lynch's son might have had some recourse.
"I're very important that students should have a decent place to live," said Grace.
After 36 years of renting to students only, she said, "Students are still my family."
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