It took mushrooms, mud and two months to get Ball State University junior Graham Watson's landlord to fix approximately 20 building code violations in his rental property. When his landlord would not listen to his complaints, Watson had to take them to the Delaware County Health Department and City of Muncie Building Commissioner.
Watson had several problems with his rental property. He said little white mushrooms were growing in the bathroom, the toilet leaked into the basement and the backyard had no grass so people were slipping in mud - along with other smaller code violations.
The basement stairs rail was broken, and Watson said a friend of his fell down the stairs and "busted" his leg. The landlord has since fixed it.
Many Ball State students rent properties, and the University Area Landlord Association (UALA) was created to regulate the actions and responsibilities of area landlords and tenants. Its Web site explains what tenants can expect from their landlords.
Landlords should provide a safe and clean living environment and respond promptly to tenant problems, according to the Web site. The code also states landlords should set reasonable time frames for completing work on the residence.
"The landlord owns the property and ought to be maintaining it in such a way that it is not depreciating in value," local landlord and UALA member Donald Smith said. "If it needs painted it ought to be painted. If trees need to be trimmed, they are trimmed."
While Smith expects the tenant to be a good neighbor and keep up the housekeeping, he said it's the landlord's responsibility to take care of serious problems.
"You can't take a renter's money and not take care of things like that," he said. "It's not good business."
Student Legal Services attorney John Connor described the rights of tenants, including the right to peaceful enjoyment and a habitable apartment.
"There are certain housing codes, building codes that the landlord is required by law to adhere to, but generally speaking the landlord should be expected to maintain the apartment in such a manner that it is fit to be lived in," Connor said. "Tenants are entitled to heat, running water, freedom from insects, rodents, mildew and mold, a roof that doesn't leak and windows that don't leak."
As of Tuesday, Muncie Building Inspector Ty Goodpaster said Watson's house was still not up to code, but work had been done.
"It has gone years and years without regular maintenance," Watson said. "I don't think it's possible for anyone to deliberately cause that kind of damage +â-óGé¼" rotten floor boards, sewage leaking into the basement."
The property is owned by MML Enterprises, and owner Michael Loftler said he does not know where all the problems are coming from but thinks they could be from either heavy traffic or time.
"It could be a little of both," Loftler said. "Wear and tear or age, It's hard to tell whether it has really been abused or because it's from the age."
After looking at the house several times, Goodpaster said he thinks most of the problems are just to be expected and could be just from a lack of proper maintenance.
"Houses constantly need to have upkeep on everything from the foundation up," Goodpaster said. "It's just from a period of time, not from the amount of people or anything."
Junior Rocky Burton, Watson's roommate, said many people visited the house, but he does not see that as a problem.
"I don't see a lot of people causing damage," Burton said. "The damage has existed for a while. I don't see how that could happen. It's just normal wear and tear."
When Watson realized the extent of the damage, he sent a letter to MML Enterprises listing the code violations. He gave them seven days to respond. When they did not, he contacted the health department and the building commissioner, who sent another letter about the problems.
"As soon as [Loftler] got my letter he was working on it because he did call me, and the sewer problem was taken care of," Goodpaster said. "I went and did an inspection on it, and it was fixed."
He said the biggest problem a is a loose electrical outlet.
"If it's not done immediately we will have to take him to court, but sometimes it's faster to get problem taken care of right away," Goodpaster said.
Loftler is working quickly to bring the house up to code and has fixed about 85 percent of the problems, Goodpaster said.
"There's just a few things to take care of, and they will be taken care of this week," he said.
Watson said it took a month and half for the landlord to begin work on the problems, and two months after his first letter, everything is not completed. The steps he took follow the advice Connor gives to students having landlord problems.
"Once a student is in a lease and is having a problem I suggest they advise the landlord of the problem and confirm it in writing," Connor said. "You are creating evidence documenting when they were told, what they were told and what they said they would do. Before you can file suit against a landlord, you have to notify the landlord and give them a chance to correct the problem."
The third roommate decided to move out of the house before while the problems were being fixed, and after that the rent became too steep for him to handle, Watson said.
"Rent for the house is $900, and I don't make half that in a month," Watson said.
He said he asked the landlord to lower the rent because of the extensive problems with the house. Loftler said he is working with Watson and Burton to lower the rent or to assist them in finding another roommate.
Looking back, Watson said he wishes he had gotten his promises in writing. He was hoping the house would be condemned so he could get out of the lease, but since that is becoming less likely, he is unsure of his next move.
"I can't afford continuing to go and afford rent there and tuition," Watson said. "I'm already not able to afford utilities."
Connor suggests students come to the Student Legal Services Office before they get stuck in a bind similar to Watson's.
"The first thing I suggest is before you ever sign a lease you come in here and let me review it," Connor said. "I will go through it and explain what it is they are agreeing to and make some suggestions on what they might want to negotiate with the landlord."
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