A college student's first experience in renting a house or apartment might seem like an exciting first taste of freedom, but a student's naivete can easily create potentially expensive and stressful problems. Adding fuel to the fire is the fact that most students are young and inexperienced with renting procedures, which can cause some landlords to take advantage of them. \nChristopher McNeely, a graduate student at IU, knows the potential problems a bad renting situation can cause. \n"Our landlord took over our lease in the middle of the year, after we had signed with the previous owners. He refused to inform us of any changes in policy and used classic 'good old boy' behavior to make us think that everything was OK when we moved out," McNeely said. "His final words on move-out day were: 'I'll get back to you in a couple of days with what you owe.' Well, 44 days later, we get sued."\nSince most of the $1,300 in damages McNeely and his roommates were being sued for was caused by former tenants, they took their landlord to court with the help of Student Legal Services. \nAfter eight long months of investigation they had a solid case against the landlord and managed to settle out of court the day before the trial by letting the landlord keep their damage deposit. \n"There are people in this community who resent IU while making a living off its students, and their resentment assumes that all IU students have deep parental pockets that will bail them out of situations like the one I went through," McNeely said. "SLS is an invaluable service for those of us who do not fit that description."\nLandlords are always looking out for their best interests so students should as well. Making smart, well-researched decisions and having detailed knowledge of tenant laws, housing codes and how your lease works are the best ways to insure fair treatment.
Closer Inspection\nThe best ways to avoid typical renter's problems is to carefully investigate a potential dwelling, landlord, lease and potential roommates prior to signing a lease.\nWhen looking at a potential residence, asking people you know who rent off campus about what the landlord and complex is like is a good way to get a feel for what living there will be like. \nTo avoid missing problems that may not be visible when looking at a home while someone else is living there, look into the history of a prospective new home and landlord.\nAll of Bloomington's 19,000 rental units must be inspected for compliance with the city's property maintenance code every three to five years, depending on the type of permit a landlord has. \nThe best way to find out what complaints and damages a property has had in the past is to go to city hall and find out, or to call the City of Bloomington Housing Code Enforcement office at 349-3420. \n"All of our inspection records are public records and prior to singing a lease a tenant can look at the property's inspection record," said Susie Johnson, assistant director of housing and neighborhood development.\nStudent Legal Services also offers many valuable resources for educating students on tenant issues. Thirty-five to 45 percent of their yearly case load consists of landlord/tenant issues. \nSLS director John Irvine warns that students are often to hasty in signing a lease and should first take sample copy home.\n"The second thing that a student really has got to do that they almost never do is to come in before they sign a lease and have us go over the lease and explain to them what they are getting into," Irvine said.\nSince roommates are often responsible for each other's share of the rent and will most likely be spending the better part of the year together SLS and Irvine recommend that students thoroughly investigate their potential roommates and plan their budgets before committing to a lease.\n"The best thing you can do to protect yourself is to select your roommates very, very carefully, perhaps even more carefully than you would your lover," Irvine said. "You can get all sorts of horrible things from picking the wrong lover but many people don't realize all the bad things that can grow out of a tenant relationship."
Taking care of business\nOne advantage to renting in Bloomington is that there is a housing code which sets standards for the condition of rental units and requires that they be inspected. \nAccording to the SLS renter's guide, by Indiana law all leases are covered by the housing code giving them an "implied warranty of habitability" that requires landlords meet the standards of the housing code and a tenant's lease should verify this. \n"You should also follow the conversation with a letter as documentation," Johnson said. "If the owner does not make the repairs we will investigate the complaint and make an order for the repair."\nIf a rental unit has a severe problem that violates the housing code and makes staying dangerous or inconvenient the renter's guide recommends contacting landlord and keeping a record of written and spoken communication. If the landlord fails to make repairs in a reasonable amount of time city's House and Neighborhood Development (HAND) should be contacted.\nIf repairs are needed the first thing you should do is notify the landlord or person responsible for fixing the problem.\nSenior Allison Ware encountered a major problem with her home which she said her landlord refused to fix. Specifically, she had German cockroaches running rampant throughout her house\n"They moved so fast that we couldn't kill them, so we had to trap them under glasses in our kitchen and let them suffocate to death," Ware said. "At one point, we had six or seven flipped glasses scattered around our kitchen."\nIf a landlord does not fix violations to the housing code, HAND will issue fines and if it is still not fixed the city will sue them for non compliance.\n"If it is so dangerous we feel the tenant is in danger we can issue an order to vacate," said Johnson, who points out that this rarely happens. "Of the orders to vacate we have had to issue most all of them have been from the tenants damaging the property."
Securing the Security Deposit\nOne area where Irvine warns that students should be especially careful is when it comes to getting a damage deposit back. Students often don't realize that following all of the formalities of a move-in and move-out inspection can make a huge difference when it comes to getting their money back.\nDo a move-in inspection with the landlord present. Every hole in the wall and stain on the carpet should be meticulously documented or the tenant might end up paying for it. \nKeep a copy of the inspection in a safe place all year long.\nTake dated pictures of the apartment before you move in as proof of its condition.\nWhen moving out, clean the home thoroughly. This includes having carpets professionally cleaned and repainting any painted walls. Take pictures of the finished product. \nBe present with a copy of the move-in inspection at the move-out inspection. At the inspection, the landlord will assess any new damages and should let the tenant know what they will be charged for when the inspection is over.\nMost important in getting some, if any, of your security deposit back is to give the landlord written notice of where to send a damage deposit as soon as you first sign your lease or at the move-out inspection.\nThe new statute says that if the tenant does not give the landlord written notice within 45 days of the termination of the lease, then the tenant is not entitled to any accounting. \nIrvine points out this can be an easy trap for students to fall into at the end of the year.\n "I just think it is a disaster because so many students here at the end of school pack up and leave," Irvine said. "Their assumption is that the landlord is going to treat with them fairly and return their damage deposit. How are they to know that they are required to give their landlord 45 days notice in writing?" \nIrvine said it was unfair to students because the statute of limitations on most legal contracts is six years. He suggested notice of the forwarding address should be handled when the lease is signed.\n"It would be totally easy for landlords to put a spot in their lease that says 'forward my share of the deposit to me at this address,'" Irvine said. "Ask yourself why they don't do that? The reason is they want to be able to steal the deposits. It is as simple as that."
Two-Way Street\nTravis Vencel, president of the Monroe Country Apartment Association, said it's not just the landlords' responsibility to understand and uphold a contract. \n"All residents of non-owner occupied housing should attempt to be informed consumers, be they students or non-students," Vencel said. "There are responsibilities which come with the privileges of being an adult." \nVencel said the MCAA already has a code of ethics which they expect members to adhere to, as does the Indiana Apartment Association. Giving landlords more procedures to follow wouldn't protect tenants' rights as much as it would create more of a hassle for both parties. \n"More rules often only punish those already following the rules and do not change the habits of others," Vencel said. "More rules typically result in more paper work and effort by the owners, thus resulting in rent increases." \nVencel said another expense to tenants is if they choose to take their lease to an attorney, which he said is a prudent but not necessary. \nTo study the ins-and-outs of a lease without the fee, SLS offers free one-on-one lease analyses to student tenants and also publishes "The Indiana University Student's Guide to the Bloomington Rental Market." \nThe renter's guide takes potential tenants through all the ins and outs of leases and potential tenant problems. It can be found online at http://www.indiana.edu/~sls/llt.html and as a booklet available at the SLS office on 703 E. 7th St., \n855-7867.
