Now Renting
College often means renting housing, and usually it is students’ first time doing so. Students are excited to be on their own, and frequently are overly trusting of their landlord and naïve about their rights as renters.
Marty Blaustein, an attorney for Utah Legal Services with experience in housing issues, said too often students don’t read the lease agreement before they sign it and hand over their deposit.
Case in point: Ashley Valli, a freshman majoring in nutrition, is living in campus housing. Valli said she is not aware that she has renter’s rights and she did not read the contract before signing.
“I talked to my RA about questions, however, and I do have my contract,” Valli said.
According to Blaustein, It is important to read the lease because it lets the renter know what the landlord can and cannot do, such as raise rent if the landlord’s taxes go up.
“If a landlord tries to raise the rent, and there is no clause in the contract stating they can do that for whatever reason, they cannot raise the price of rent during the time the contract is valid,”
Blaustein said. He said it is the same with utilities and repairs.
“The terms of a contract cannot be changed in the middle of a lease,” Blaustein said.
As for repairs, most leases state that landlords are responsible for capital improvements, like major problems with the electrical or plumbing, Blaustein said. A student should realize when they are being hustled by the landlord for capital improvements.
For example, the landlord can’t charge the tenant to replace the carpet if it was stained by previous tenants, and it is ten years old. The tenant might be responsible for getting it cleaned, but not the replacement, Blaustein said.
“The damaged item is only worth its market value. At most the tenant pays for the repair, being no more than the current value of the item. The rule is to repair when possible, not replace. Normal wear and tear that breaks or ruins items is not the tenant’s responsibility,” Blaustein said.
Another important reason to read the lease is to learn of the time period in which a renter has to raise concerns about the premises to the landlord. It is often 24-48 hours, Blaustein said. Therefore, by not saying anything, the tenant is agreeing the place is in an inhabitable condition.
Also, Blaustein said it is critical for tenants to scan their lease contract and keep both the electronic and physical copy in safe places, “not just the kitchen drawer.”
According to utahcourts.gov, tenants’ rights website, renters have the right to “a safe and sanitary home. You have the right to call a health or housing inspector if you think there is a code violation in the property you are renting.” Blaustein said this standard is defined by health and building codes.
“A property should have functioning heaters, drinkable water, a degree of security like a locking door, windows that open and shut, it is free of rodents and pests, has working fire detectors, and it should be clean. If these things are not in place, do not trust the landlord,” Blaustein said.
If a tenant discovers something like a health hazard that was not disclosed by the landlord, like meth use or infestation, they should contact health department, Blaustein said. This is because if the case goes to court, the health department can be subpoenaed to testify on behalf of the tenant.
Bottom line: if the landlord knew there was a danger and did not say so, it is a deceptive practice, and the tenant can turn to a private attorney.
Renters should know that in Utah, according to utcourts.gov, landlords do not have the right to lock a tenant out of the property unless the renter is legally evicted by a court order.
Blaustein said landlords routinely enter a tenant’s unit forcibly to lock the tenants out rather than use the legal process.
“You often see this in smaller towns. Sometimes police support the landlords. In that situation, most students have low income and qualify for legal services, and should contact Utah Legal Services,” Blaustein said.
When moving in and out of a rental, take lots of pictures of the premises, inside and outside of drawers, the back of fridge, the ceiling. According to Blaustein, landlords will find every possible reason to not give a deposit back. When taking the pictures, use a copy of that day’s newspaper in the background of the pictures as evidence of when it was taken. Landlords can say the date can be changed in the camera.
Students should also keep in mind that it is very difficult to enforce oral agreements because a judge has to decide who is telling the truth. They need to get everything in writing, including deposit and rent payment receipts.
When a student moves out of a rental, the state code says they have to make a written demand to the landlord that they are requesting the return of their security deposit. They then have 30 days to give it back or state the reason they aren’t giving it back. If neither of these things happens, a renter can file a small claims action, according to Blaustein. If the landlord doesn’t respond in the 30 days, the tenant would be entitled to a $100 penalty.
Blaustein said it is always risky to vacate a rental because it is considered breaking the lease and the landlord can sue for the rest of the lease time. The only way a tenant can break a lease is when there is a material breach of the lease by the landlord.
For example, if the furnace goes out in the winter, and the landlord is not getting it repaired, the tenant may have a case. But first, Blaustein said, the tenant has to notify the landlord in writing of the problem and then should contact the health department.
“I would never advise a tenant to break a lease unless it is a case of domestic violence,” Blaustein said.
Tenants should remember that federal and state laws prohibit discrimination in all aspects of housing, according to utcourts.gov. This includes different treatment on the basis of race, color, religion, sex, national origin, handicap, family status or source of income.
Blaustein said, “There’s no such thing as a nice landlord when it comes to accusations of a property in deficient condition. Get everything in writing. State laws require receipts.”
For information on landlord and tenant rights and responsibilities, go to www.utcourts.gov/howto/landlord/. For Utah Legal Services, visit www.utahlegalservices.org/.
–storee.powell@aggiemail.usu.edu