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
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