Tenants often don't know rights
Not knowing can cost renters thousands
By Per Joergenson Kansan Correspondent
For students, finding a decent place to live isn't always easy. Neither is finding a good landlord.
Many students have already began the search for next fall's housing.
"We've already rented out 50 percent of our apartments," said Tracy Bruce, a property manager for First Management, which operates several apartment complexes in Lawrence.
Not only should students start looking early, but some preparation could also prevent landlord-tenant disputes. The Legal Services for Students office at the University of Kansas handles about 600 of the disputes every year, said Braxton Copley, a staff attorney with the office.
Still more disputes are handled without legal aid. Brady Bolton, Pretty Prairie Knights, non-three season student, said he had had problems with a vacant landlord: Knits flooded his apartment,
unavailable, and he had problems getting his deposit back when he moved out.
"I didn't know where to turn to," Bolton said.
Copley said students often assumed that they were powerless.
"There is a disparity in bargaining power," Copley said. "Especially for
apartments near campus,students will likely have to accept the landlord's terms or go look somewhere else," he said.
But there are measures tenants can take to protect themselves. Just as landlords often ask for references, students can turn the tables.
"Here's a great idea: ask the landlord for phone numbers of previous tenants, or ask friends for their experience," Copley said.
"Read the lease. I mean, read the darn thing," Copley said.
Copley said many students made the mistake of not reading the lease.
"Find a good management company. It's pretty important to talk to friends," Mathias said.
David Mathias, Denver, Colo., sophomore said he also been dis-
The first thing students will need to know is if they're signing for joint sever-
"Here's a great idea: Ask the landlord for phone numbers of previous tenants."
repairs were delayed, the landlord was
Braxton Copley
Attorney at Legal Services
ance liability, he said. Joint severance liability means that every tenant on the lease is liable for the entire amount of the lease.
If the lease contains joint severance li
"For example, if four people share an apartment for $1,000 a month on a twelve month lease and three of them leave after two months, the one person left is responsible for their share, too. That's ten months at $1,000, so he'll have to pay $10,000," Copley said.
"Do a thorough check-in inspection," he said. The landlord should provide a checklist.Tenants should also ask for a list of prices they could be charged for damages and cleaning costs when they moved out, he said.
the tenants should get it in writing.
The landlord or a representative should be present for the check-in inspection, Copley said. The landlord cannot claim that the present tenant did the damage unless the landlord was present at the check-in or she can present evidence that damage occurred after check-in.
"When we moved out, the landlord said our oven was dirty, and he took 50 or 60 dollars out of the deposit for costs," Bolton said.
Bolton also said he wished he had kept a copy of the canceled check from his deposit.
"When we moved out, the landlord said I hadn't paid a deposit," he said. "I didn't have my canceled check from the year before, so I had to go to the bank and go to all this trouble to prove that my account had been charged for that deposit. It took a long time to get that money back. Definitely, it's important to
system," he said. But he said he had learned from his experiences.
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"Check who's responsible for what utilities, and check if there's a separate meter. Sometimes more than one facility share a meter, and I wouldn't want to split my bills with a neighbor, say, who keeps his place at 90 degrees," Copley said.
Also, check the maximum amount of deposits required. The general rule is one month's rent, with half a month's more if the apartment is furnished, he said. If pets are allowed, there is usually a pet deposit required, which also varies.
Sometimes the contract will specify that the landlord should assign sublessees. This does not alter liability for the original tenant — he will still be responsible if the sublessees don't pay up, Copley said.
"Then, check what the term of your lease is — a month, six months," Copley said. This is important if the contract is an automatic renewal lease, he said. If the tenant does not terminate the contract before the amount of time specified in the lease, it is automatically renewed and the tenant is liable for another lease period.
If the landlord asks the tenant's parents to co-sign the lease, that means the parents will be responsible for the amount of the lease, too, he said.
"Check if subleases are permitted, if there's a fee, and what the fee is," he said. "Be careful not to breach that contract."
"We had flooding on the first floor. We couldn't watch TV, we couldn't have people over, actually we couldn't use the first floor for a week at a time," Bolton said. "The carpets stunk for the whole rest of the year, and we had to pay to have it shampooed."
Bolton said the roof of his previous apartment leaked when it rained.
After signing a lease, tenants should check the apartment thoroughly as soon as they move in. Copley said.
Copley said if the landlord promised to make repairs before the tenants moved in.
Before you sign the lease...
- Ask if pets are allowed. If they're not allowed, don't bring one; you could get evicted.
- Check for the term "joint severance liability." Move in only with people you know and trust if you sign a lease with this clause.
- Check the terms for subleasing. You may have to pay a fee, and the landlord may reserve the right to assign sublessees.
- Get all of the above terms in writing; this includes promises the landlord makes to improve the apartment and the facilities.
- Ask how much the management charges for damages and cleaning, and ask who is responsible for cleaning the carpets.
- Check the apartment before you sign the lease. If there appear to be major problems with plumbing, wiring, construction or otherwise, call the City of Lawrence building inspector at 832-3100 or 832-3109.
- Check who is responsible for what utilities, and whether each apartment has separate meters.
- Do a thorough inspection when you move in. Get a check-in inspection form, and fill out any damage or dirt you find. If you do not fill out this form within the required time, you may be charged for damages that already existed.
- If you do have a problem, Legal Services for Students offers free legal advice for University of Kansas students, at 864-5665.
March 1996 The Hill
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