Students need to be careful when signing leases, one attorney says. Otherwise they may be getting more than an apartment.
For many students, signing a lease is their first major business transaction, said John Connor, attorney at law. As Student Legal Services' attorney, Connor is available to advise students on the legal ramifications of lease agreements.
"There are a lot of good landlords in this town ... but a couple give landlords a bad name, and I see them again and again."
John Connor attorney for Student Legal Services
"Simply put, a student who does his or her homework, reads the lease thoroughly and negotiates is less likely to have problems," Connor said.
According to Connor, students should meet with landlords ready to negotiate because provisions in a lease can be added or changed prior to signing. He said once a lease is signed, however, it immediately becomes a binding agreement.
Students should also make sure any verbal promises made by a landlord are put in writing before they commit to renting.
"There are a lot of good landlords in this town, and they will treat students fairly," Connor said. "But a couple give landlords bad names, and I see them again and again."
Connor said there are other precautions students can take outside his office. If a potential landlord should ask students for references and credit histories, Connor advises students to turn the tables.
"Students should ask the landlord for previous tenants' contact information, and, after the landlord leaves, return to the house or apartment and inquire about the owner to the current tenants," he said.
According to Connor, current tenants can say how quickly their landlords make repairs or how intrusive they are.
"No one wants to have to step out of the shower to greet a landlord," Connor said.
Students should also ask if they would do business with their landlords again.
Landlords are not the only source for potential problems. Connor said he also advises students to fill out sublease and roommate agreements in his office. "You don't know someone until you live with them," Connor said. "Students living with friends or family members should address the 'what ifs' beforehand, as I have seen a lot of best friends become best enemies," he said.
In the event a roommate breaks a leasing contract, a landlord will go after the most accessible person, Connor said. Such a situation is much less likely, he said, if the roommates have a binding legal agreement.
If a landlord does go to court, the lease could play a factor. Connor advises students to be wary of "attorney fee" and "indemnity and hold harmless" provisions in the leases.
The "attorney fee" holds renters responsible for landlords' attorney fees if the court rules in the landlord's favor.
Lawyers typically might charge $125 an hour for as many as 10 hours, Connor said.
The indemnity provision can release a landlord from liability for injuries or damages caused by something the landlord did or did not do, Connor said.
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