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About Oregon daily emerald. (Eugene, Or.) 1920-2012 | View Entire Issue (Feb. 17, 1982)
Home sweet home, may sour some tenants Some guidelines help avoid disputes Home away from home for a University student means a place to play the stereo, throw dirty clothes where ever is convenient and store beer "Home” can be an apartment, house or room University students' unstable lives send them from address to address and from landlord to landlord Ninety percent of University students move within six months, estimates Charles Spinner, Legal Services attorney The most common problems in landlord/tenant relationships for University students are avoided easily if the tenants know the basic guidelines that can protect them from unnecessary disputes The first step is understanding each other A landlord primarily wants to collect the rent Many lawyers agree that, of all renters, the transient student population reacts more readily to the landlord-tenant act violations A lease, a written or verbal agreement, defines the rent, length of tenancy, and responsibilities and limitations of both the landlord and tenant A lease cannot contradict the Oregon Residential Landlord and Tenant Act, Spinner says, except in specific areas For example the landlord must maintain the appliances provided, unless otherwise agreed in writing "It’s a mistake to sign a lease if roommates are moving in and out," Spinner says "The life of a college student can change drastically in a short time In a lease, you're responsible for the rent for the extent of the lease period Most students rent on a month-to-month basis. Spinner says, to their advantage It’s nice to have the flexibility" to move out, he says But under a month-to-month lease, a 30-day notice from the landlord can order a tenant to move out or pay increased rent He adds, however, when vacancy rates are high — as they are in Eugene now — tenants seem to get better treatment from landlords Security deposit returns, known in legal terms as accounting", cause most of University area landlord'tenant disputes. Spinner says He advises new tenants to fill out a detailed inventory on the condition of a new place before or on the day of moving in Reporting chipped tiles, a cracked hearth, or a stained carpet can protect them against security deposit deductions for previous damage Off-Campus Housing in Suite Three of the EMU has detailed checklists for students, which are more specific than the standard forms used by many landlords False itemizations, overcharges for damages and not returning deposits are common practices, says David Allensworth. Off-Campus Housing staff member A checklist, dated and signed by the tenant and landlord, can be used as proof against false deductions All agreements and communications should be in writing. "Verbal agreements are contracts The problems arise when people have different versions of what was said," Spinner says Even telephone calls should be followed up by written confirmation This complies with the written notice requirements in the Residential Landlord and Tenant Act and starts the time clock for legal deadlines, Spinner says “The landlord/tenant relationship doesn't have to be adversarial, but it should be formal There's a lot of money involved," Spinner says. He advises tenants not to take it personally “Communications should be preserved and recorded." Stories by Carol Morton Graphic by Max DeRungs Landlords liable for all faulty locks Slightly more than a year ago, a woman asked her property manager for the fifth time to replace the broken lock on her back door Each time, the property manager said a new lock would be installed right away. This time, the woman, a single mother in Eugene, was assured the lock would be replaced that afternoon The afternoon faded with the lock still broken. That night a man walked in the unlocked back door and raped her at gunpoint in front of her two chil dren "This is gross negligence on the part of the landlord in my mind because the tenant could have repaired the door herself if she had not been repeat edly assured it would be taken care of," says lawyer Charles Spinner of Legal Services on campus. Cases of "the bushy-haired strangers who come in and rape you" are uncommon in Eugene, says Don Ellingson of the Eugene Police Deparment's COP team However, common sense says broken or insufficient locks can make an apartment or house easily accessible to strangers, bushy-haired or not. The Residential Landlord and Tenant Act of Oregon requires the landlord to provide working locks and keys for all outside doors of the dwelling unit. A 1979 amendment qualified this so that keys are mandatory for locks with keyholes. Beyond this thin mandate to provide a lock, the act doesn't define what a lock is or specify whether the landlord's responsibility involves the quality of the lock The term "working locks" is vague however, and suggests anything from the 89-cent dimestore variety to the double cylinder deadbolt, Spinner says “For one, many locks are easily pickable Two, many doors are not sturdy ” While the landlord has an absolute duty to have locks working when a tenant moves in, he has seven days to fix a broken lock after the tenant notifies him "By law, this is a reasonable length of time necessary to effect repairs. One's good conscious might make you repair it a lot quicker,” Spinner says. Sometimes a landlord makes a good effort to repair damages when they threaten a tenant’s security. A loose window in the top half of a door cracked when the tenant slammed the door "under normal use.” The landlord came the same day. After he had measured the space, installed the glass, he broke itagain himself. The glass store was closed, so the landlord nailed up cardboard and said he would repair it in the morning. That night a burglar broke through the temporary patch. "This situation tells you that you better have property insurance if you’re a tenant. It’s not very expensive,” Spinner says. "The landlord is not the insurer of the tenant’s property." Landlord liability for intrusions remains a hazy area in law. But Spinner says the landlord probably wouldn't be responsible for a break in cases like the above. In a recent case concerning a robbed student, Spinner proved the landlord was liable. "There were no latches — we re not even talking locks — on the windows." When she moved in, the tenant requested the latchless windows be fixed. "We were able to prove the burglar entered throught the window by the palm print where he grabbed it and slid it open, a dirty foot print and leaves on the carpet under the window,” Spinner says et al r MEETINGS The Incidental Fee Committee will hold budget hearings today in the EMU (room to be posted) Schedule 4pm, ASC-AIA 4 20 pm OSPIRG 5 20 pm NASU. 5 50 pm BSU 6 30 pm Rec 4 Intra murals An organizing meeting lor a Nuclear Weapons Freeze rally is being held today at 7 p m at 1236 Kincaid St (basement) The Central America Working Group will meet today at 6pm at 795 Willamette St , Room 302 The group discusses issues and works actively to respond to U S policy on Central America For more information contact Mary or Kirk at 485-1755 The Political Science Student Union will meet today at 4 30 p m in Room 330 Condon Hall Amnesty International's Eugene Campus Group will meet Wednesday at 12 30 p m in Century Room A EMU The Marketing Association will hold a general meeting today at 3 30 p m in Room 337, Gilbert Hall Items for discussion will include coflee sales and the upcoming American Marketing Association Convention in Portland The guest speaker will be Ed Burgeron from Lane Transit An informational meeting on Denmark's International Study Program will be offered Thursday at 12 30 p m in Room 222. Lawrence Hall SPEAKERS "Pacific Northwest Writing: Reaching for Regional Identity'' is the topic of the 1982 Beekman Lecture, which will be delivered by Edwin Bingham University history professor, today at 8 p m in Gerlinger Lounge "Salmon and Indians: A Retrospect" is the topic of a lecture today at 8 30 p m in the EMU Forum by Dr Ted Strem Strem s speech is part of the Survival Center s Salmon Symposium For more information, contact 686-4356 The Transcendental Meditation Program is the topic ot a free public introductory lecture Wednesday at 8 p m at the Eugene Public Library, 100 W 13th Ave CLASSES '•First Aid lor Choking Victims" is the topic of a one hour class being ottered by the Lane County Chapter of the American Red Cross today from 7-8 p m Cost ot the class is $1 To sign up tor the class, call the Red Cross Safety Programs at 344-5244 MISCELLANEOUS The Northwest National Security Conference needs volunteers for a variety of different tasks If you are willing to help, contact Dave Isenberg or Bev Shoopman at the ASUO. Suite 4, EMU. or call 686-3724 Averd heart, of IBM, and Don Moore, ol Computer Land, wMI demonstrate IBM's personal computer, talk about the IBM Corporation and show a short film, Pushing the Limit, today at 7 p m in Room 231. Gilbert Hall The Baha'i Campus Association will have an In formation table in the EMU lobby today Free literature and answers to your questions Regular Wednesday afternoon Bible Study is held at the Wesley Center at 1236 Kincaid St at 3pm This group meets on a drop-in basis Sociology majors are subject to two additional requirements for graduation beginning Spring term, 1982 All majors should check with the Sociology Department or the Sociology Peer Advisors for informa tion DOOMESBURV bv Garrv Trudeau YOUTOU? IMMFjRAT/ON THAT I ms ‘ PETIT-PO/S' FATHER? *5. SR ALPHONSE NEWS A SPONSOR HE?S RELATED TO TO KEEP FROM BUNS DEPORTED ITS THE LEAST LUE CAN DO, SIR AFTER ALL, HUE BROUGHT HIM TO THIS COUNTRY BESIDES. ITS SUCH A SHALL FAVOR ONE S6NATURE ^ AH? 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