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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