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About The daily Nebraskan. ([Lincoln, Neb.) 1901-current | View Entire Issue (April 8, 1996)
Students have rights as tenants By J. Christopher Hain Editor After doing time in the residence halls, most UNL students must make an important decision—to rent or not to rent. Most students eventually will give up the crowded, cramped space of a dorm room in search of an attractive, comfortable, yet a ffordablc, apartment that gives them even more indepen dence than the residence halls. But in looking for a place to crash after classes, there are some important things every apartment hunter should keep in mind to avoid ending up in a dirty, roach-infested apartment with no hot water or heat. Moving off campus means becom ing a tenant and dealing with a land lord. If students don’t watch out, their rights as tenants can get stepped on. In his book, Ed Sacks, author of “The Renter’s Survival Kit,” offers a tenants bill of rights that all prospec tive student renters should take note of. Not everything on Sacks’ list can be found in every apartment, but his list does provide things to think about when searching for that new pad. Sacks says a tenant is entitled to: • a clean, safe place to live, • heat in the wintertime, •hot and cold running water, drains that work, • windows that work, screens and storm windows, • a working toilet, • a front and back door that lock, •roofs, ceilings and walls that don’t leak, • privacy and protection from in trusion and harassment from the land lord, • repairs being made quickly and properly, • roach-free, rat-free and mouse free living, • a structurally sound building, • a building with smoke detectors, lire extinguishers and fire escapes, •make complaints about the viola tions of rights without retaliation, • remain in the apartment until choosing to move out, • move out when necessity arises, for any number of legitimate reasons, •a lease that guarantees these rights in writing, • enforce these rights by repairing the problem and deducting the costs from the rent or withholding rent, • prompt return of all deposits and interest due, • protection against property sei zures, lock-outs, evictions or denial of lease renewals without probable cause and due process of law, •recover damages from violations of rights. Jan Bcran, a Lincoln attorney who deals with landlord and tenant law, said Sacks’ list may bcabit far-fetched. “Ifthey’rc expcctingcverythingon that list, they’re living in a dream world.” Bcran said the list didn’t seem to take into account the age or condition of a building. He said many older buildings were impossible to keep com pletely pest-free, and while smoke detectors arc required in Lincoln, fire extinguishers arc not. Sacks’ list includes things to look for while apartment hunting. But you may have to give up some amenities to get the type of apartment or the loca tion you want. With all the costs students face on their road to higher education, it’s important for students to think about the financial side of renting an apart ment. In her book, Beth Koblincr, author of “Get a Financial Life: Personal Finance In Your Twenties and Thir ties,” offers renters some financial tips on entering the rental arena: 1. Try to negotiate the rent. 2. Negotiate the terms of the lease. 3. List all your roommates on the lease and have them all sign it. 4. Get everything in writing. 5. Understand how the security de posit works. 6. If you plan to renew your lease, contact your landlord two months be fore the lease is up and try to negotiate. In Nebraska, a landlord can only charge one month’s rent as a security deposit. The deposit must be returned within 14 days after the tenant vacates the apartment. But the tenants must leave a forwarding address and turn in their keys, or the tenant may never get the security deposit. After the initial lease period, a 30 day notice is all that’s required for a landlord to raise the rent, Bcran said. Tenants’ Bill of Rights A Tenant Should Have the Right To: A clean, safe place to live; Heat in the wintertime; Hot and cold running water, drains that work; Windows that work, screens and storm windows; A working toilet; A front and back door that lock; _4»~ Roofs, ceilings and walls that don't leak; Privacy and protection from and intrusions and harassment from the landlord; Repairs made quickly and properly; Roach-free, rat-free and mouse-free living; A structurally sound building; A building with smoke detectors, fire extinguishers and fire escapes; Make complaints about violations of rights without retaliation; Remain in the apartment until choosing to move out;r Move out when necessity arises, for any number of legitimate reasons; A lease that guarantees these rights in writing; Enforce these rights by repairing and deducting, rent reduction or withholding, tenant actions and in a court of law; Prompt return of all deposits and interest due; Protection against property seizures, lock-outs, evictions or denial of lease renewals without probable cause and due process of law; and Recover damages from violations of rights. Source:The Renters Survival Kit by Ed Sacks And after that lease period expires, Beran said, either the tenant or the landlord can terminate the lease with a 3Q-day notice. If you disobey a provision of your lease and the landlord knows of your violation and accepts rent anyway, the landlord may or may not be able to kick tenants out for violating the pro vision. 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