WEDNESDAY, APRIL 26, 2006
APARTMENT GUIDE
THE UNIVERSITY DAILY KANSAN 7C
A·C·HADLE·D6
Neighbors want quiet Students adjust to noise ordinance
BY KRISTEN JARBOE
KRISTENJARBOE.COM #CAROL STAFF WORK
ILLUSTRATION BY ANTHOLE WAHDE
oe Delaney said his social life was killed by a nuisance ordinance.
Delaney, Des Moines, Iowa.
Delaney, Des Moines, Iowa, senior threw a party in his apartment at 17th and Kentucky streets in October. "It was a big party in a tiny apartment," he said. The Lawrence police department showed up at Delaney's apartment because of a noise complaint. He has not had a party since then.
The Lawrence City Commission began revising the Disorderly House Nuisance in January. Currently, the Commission is looking at the types of offenses that are considered nuisances. The ordinance will not just include convictions, but diversions as well.
The ordinance says "a dwelling is a 'Disorderly House Nuisance' when it is associated with: two or more triggering events arising out of separate and distinct facts and circumstances, or three or more triggering events by
separate individuals arising from the same general facts and circumstances" within a 365-day period.
The ordinance still states that, upon conviction for a violation, the offender can be fined up to $1,000, serve jail time not exceeding 180 days or both.
When the police arrived at Delaney's apartment, the officers informed him of the violation's consequences. Living near the University of Kansas, Delaney was surprised police showed up. He said noise complaints should depend on where the noise occurred.
"Here on Kentucky or Tennessee Street, it's a student ghetto, and if you don't like noise, then don't live here," Delaney said. "I understand there are people who have to get up早晚, but if you're living in the student ghetto, you should expect noise next door."
Shelly Axcell, Lawrence senior. "Fining is one thing, but turning off your power is another. That's your personal property."
For misconduct on property, the ordinance also stated that the City of Lawrence would send a written notice to the property owner. Residents would then be cited for a violation, and their utilities would be disconnected.
"I don't think that's fair," said
Axcell lives in a house at 17th and Indiana streets. She said there were a lot more families that lived near her than there were students. She said parties didn't really occur in that area, she had never thrown one either but might think twice if she did.
"The consequences seem pretty steep to me," she said. "It's a little harsh after only two occurrences."
City Commissioner David Schauer said there were a lot of complaints from the Oread Neighborhood residents, which was one of the reasons the commission started to look at the ordinance. He said that, under old ordinance, the process of filing a complaint took so long that it practically wouldn't happen.
Edited by Timon Veach
Editor's Note: This story previously ran on February 16, 2006.
Lessees' legal woes
Service helps with student's leases
BY ERIN CASTANEDA
PHOTO@ERINCASTANDA
KATHLEEN CORCOPHORTT
egal Services for Students is one place that frustrated tenants can turn to when facing landlord and rental problems.
The attorneys at the service offer advice and representation, which is already paid for by student fees.
Bill Larzalere, staff attorney, said that many problems could be avoided if tenants read their leases.
"Students can exercise their right to choose. If they don't like terms in a lease, just walk away," he said.
Larzalere said he didn't think landlords took advantage of college-aged renters because of their inexperience with renting. But he said he did think landlords took advantage by including terms such as "automatic renewal" and "liquidation damages" that were not found in leases outside of a college town. He said landlords justified the use of these terms because of the quick turnaround of tenants in the fall and spring.
Automatic renewals, which require tenants to stay another year, may be unclear on a lease. Liquidation damages are pre-determined costs based on an itemized list of maintenance problems.
"Landlords could charge $3 to change a light bulb and $15 to wipe off a stove," Larzalere said.
The Student Legislative Awareness Board introduced a bill in the state senate that would have put a standard on automatic renewals and would have eliminated liquidation damages. It passed the senate but not the house.
Josh Bender, Sterling senior and former Student Senate legislative director, said, the goal of the bill was to put standards on automatic renewals. He said there was a case law that said liquidation damages shouldn't be allowed.
Legal Services also sees a smaller, but continuing problem with roommates skipping out on leases but the service
BEFORE SIGNING YOUR LEASE
See the actual residence, not just the model housing. You have a right to see the condition of the residence. If the residence is currently occupied, the landlord only needs to notify the current tenants before being able to show it to you.
Make sure applications fees are refundable if you don't end up signing a lease with the place in question. If you do sign the lease, see that the application fee applies to the first month's rent.
MORE ONLINE
Student Legislative Awareness Board www.ku.edu/~slab/index.shtml Keep an eye on landlord/tenant issues
- Legal Services www.legalservices.ku.edu/
- Make an appointment and speak with an attorney about your rights or to review a lease before a problem begins
Neighborhood Resources www.lawencreneighres.org/
— If your landlord is neglecting to make repairs have a third party verify the problem
Small Claims Court www.douglas-county.com/
—If you don't receive your deposit in 30 days take it up in court
cannot advise students against other students.
Most renters who end up in small claims court are there because they haven't received their deposit Larzalere said.
After the lease ends, the landlord has 30 days to return the deposit and if it is wrongfully withheld he or she is punished. The landlord must also have an itemized list of repairs to the property. If they fail to comply with regulations, landlords must pay damages equal to one and half times the amount withheld, which Larzalere said was favorable for tenants.
If landlords are neglecting to correct maintenance issues then tenants are advised to visit the city's Neighborhood Resources Department. The department can send an inspector to verify a problem and notify the landlord. Larzalere said the third party verification gave renters more leverage instead of it simply being their word against the landlords. Photographs are also a good way to prove the condition of a rental.
Before signing a lease, take a copy of it, and ask for the "rules and regulations," usually a 10-page document in addition to the lease. Often when you sign a lease, you are agreeing to these rules and regulations, but the document is not always included.
Really do the check-in routine. Photograph or videotape any damages in the residence prior to moving in. By documenting these damages, you can prevent being charged for them when you move out.
Source: Jo Hardesty, Director of KU Legal Services for Students
The City of Lawrence, Kansas Human Relations Department and The Lawrence Human Relations Commission are pleased to present:
Seminar for Landlords, Owners and Property Managers
Friday April28,2006 11:00 a.m.-4:30 p.m.
Crystal Ballroom Eldridge Hotel 7th & Massachusetts
Topics Include:
• Landlord/Tenant Issues
• Disability Concerns
• Landlord/Tenant Mediation
• Legislative Updates
Free Luncheon!
Saturday April29,2006 10:00 a.m. - 2:00 p.m.
Are you a renter?
A homebuyer?
Then this is for you!
Call 832-3310 for to register. This seminar is FREE of charge and open to the public.
Information Fair for Tenants and Prospective Tenants
Liberty Hall 642 Massachusetts Lawrence, Kansas
Meet and talk to housing experts. Visit the booths and gather valuable information.
Door Prizes & Giveaways! Free Refreshments!
Call 832-3310 for more information. This event is FREE of charge and open to the public.
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