Renting's red flags

Students should review leases before signing on

Ball State student Carrie Nack is stuck living in a house with adecaying ceiling, a mold-covered basement and a sudden $1,500 billthat must come out of her and her two roommates' pockets.

Before moving into the house at 2001 W. Jackson St. a year ago,she was comforted by a "sweet" landlord and a house she liked.

When Nack signed her lease, the landlord told her that the onlyutilities she would have to pay were cable, phone and electric. Herlandlord said he would pay for water and gas.

At the end of her lease she and her roommates were billed $1,500for a year's worth of water and gas.

"When I took the lease to the Ball State lawyer he said, becauseof one section of the lease, we had to pay the money," Nack said."It was sneaky wording that was misleading.

"The student lawyer had heard of my landlord and had receivednumerous complaints about him," Nack said.

Nack, along with other Ball State students, has found thatleases can be deceiving.

John Connor, Ball State's Student Legal Services attorney, saidstudents should be careful when signing a lease. He recommendedtaking it to a lawyer before signing it.

During September, Connor spoke with 111 students; 45 of them hadlandlord-tenant issues.

Confusing leases might cause students turmoil, but a vague leasecan be just as dangerous, according to Connor.

Students who do not have everything put into writing cannotargue their case against their landlords.

Student Kenny Daniels was promised a new dishwasher,refrigerator, new carpet in areas of the house, a new washer anddryer, and a new front and back door, but he did not have any ofthe promises in writing.

A year after living in the house, he received most of theappliances, but he never received the new doors or carpet.

His old door, however, had a large crack between the door andthe frame. Daniels and his roommates had to live through a coldwinter and pay a heating bill that was close to $400 for onemonth.

Daniels had asked his landlord to help pay for the bill, but hewould not.

Despite students' stories, responsibilities do not fall on thelandlord alone.

Ron Lahody, a Muncie landlord, said he believes that collegestudents must realize "bills are part of learning and growingup."

When students move out of the residence halls and into a house,they face more costs then they had before. Instead of one large sumof money, tenants have to pay for utilities and rent.

Tenants must also pay a security deposit when they sign thelease.

Security deposits are used to pay for tenant damages.

Lahody owns more than 10 houses around Ball State's campus.Alcohol-related incidents cause the biggest damages, he said.

"The first thing they want to do is have a kegger and fill thehouse with people," Lahody said. "They often rip the toilet out ofthe floor or put holes in the walls."

To avoid this problem, Lahody often ask his tenants to providereferences or have their parents sign the lease.

When he get references, the unit is usually 80 percent OK,Lahody said.

Although tenants may cause some damage to their houses, it isnot always something they can control.

It is implied that landlords must keep a house habitable, Connorsaid. The health department or building inspector often define whatis habitable.

"If you've got mice, it's not habitable," Connor said.

The most important problems involve heating and airconditioning, Lahody said.

"If it's a problem with utilities, I will try to get to it thesame day as I receive a call."

Nack, however, does not receive the same treatment as Lahodygives his tenants.

Nack and her roommates had to spend a week without a showerbecause a pipe broke.

"It took (our landlord) four days before he returned our callsand a week before he fixed it," Nack said.

Parts of the ceiling in her house are also coming apart. Thelandlord promised to fix that a year ago.

Nack and Daniels both say the have problems with mold in theirbasements, which have been ignored by landlords.

To prevent being ignored, Connor suggests tenants keep recordsof when they call landlords and request repairs.

Tenants should put into writing the time of the call and whatwas said, Connor said. Students should then send the letter to thelandlord and keep a copy for themselves.

"The key is to start collecting evidence," Connor said.

Tips from Student Legal Services Attorney JohnConnor:

-Choose responsible roommates and sign a "RoommateAgreement"

-Inspect the premises prior to signing the lease and completea "Housing Inspection Form" when moving in and out

-Take dated pictures of the house or apartment at move in andmove out

-Shop around and compare rental costs of differentlandlords

-Talk to current tenants of a potential landlord

-Read the lease carefully and make sure everything isunderstood

-Request all promises be put into writing and keep a copy forreference

-Do not feel pressured to sign a lease

-Remember all leases are negotiable

 

 


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