Moving into an apartment?
Be aware the law guarantees specific rights
By Sandy Johnstone
CM the Emerald
The landlord unlocks the apart
ment, walks in and picks up the
stereo and television set and calm
ly walks out of the room.
After all, the tenants were late
with their rent money, so they had
to pay somehow.
r
But taking belongings in lieu of
rent and entering an apartment
without notifying the tenant are
against the law.
When renting an apartment or
house, it may seem the deck is
stacked in favor of the landlord,
but actually tenants do have
specific rights guaranteed to them
1
4J
Landlord/tenant contract
The following is a list of tenant and landlord obligations in
cluded in the Renter's Handbook provided free of charge by the
Oregon Student Public Interest Research Croup.
Tenant Obligations
•To use the dwelling unit only as a dwelling.
•To use the parts of the dwelling in the manner for which
they were intended.
•To keep areas under his/her control clean, sanitary and free
from accumulation of garbage and filth.
•To not deliberately or negligently damage or remove, or
knowingly allow others to damage or remove, any part of the
premises.
•To conduct himself/herself and his/her visitors in a manner
that will not disturb the neighbors. (Tenants are responsible for
the actions of their guests.)
•Test smoke alarm in the dwelling.
Landlord Obligations
•To provide a weather and waterproof exterior, roof, walls,
doors and windows.
•To provide plumbing facilities which comply with applicable
law and are maintained in good working order.
•To provide a water supply, approved by applicable law,
which produced hot and cold running water, has proper fixtures
and is properly connected to a sewage system.
•To provide adequate and approved heating facilities, main
tained in good working order.
•To provide electricity, lighting, wiring and equipment, ap
proved and maintained in good working order.
•To provide clean and sanitary buildings and grounds, free
from accumulation of debris, filth, rubbish, garbage, rodents and
vermin.
•To provide adequate garbage recepticles. The landlord must
provide and maintain garbage cans though it may be the tenant's
responsibility to pay for garbage collection, if that has been
agreed to in writing.
•To ensure floors, walls, ceilings, stairs and railings are main
tained in good repair.
•To ensure ventilating or air conditioning, elevators or other
facilities and applicances, if provided, are maintained in good
working order.
•To provide safety from fire, including the provision of smoke
detectors.
•To provide working locks for all outside doors, except doors
to common areas, and keys to locks that require keys.
•To provide working latches for all window that open (except
common areas), unless fife or safety regulations prohibit them.
■'ZSs
1
i
it
WELCOME BACK
STUDENTS 4
SUN. SEPT. 25 - SAT. OCT 1
10% STOREWIDE SALE
st
it
•PLUS OTHER IN STORE SPECIALS
^ALL PENCILS ., . 20% off*
DESIGN MARKERS.$1.24 each
-vMARS TECHNICAL PENS.25% off
tGRUMBACHER OIL &
ACRYLIC PAINTS.25 % off
•4 SKINNY (a constant).15 %off
^TRIANGLES.20 %off
o» LEAD (in dozens) .... REG. $
... NOW $ ■ ii<jw <«*
Sat. 11-3=30
Sun. 12-5 = 30
•• FALL HOURS M-F B-30-1
5 3Un.12-3 = JU ^
|720 EAST 13th, EUGENE, OR. 683-2787|
by law.
The problem is that they often
have no idea what those rights are
when the landlord abuses the law,
according to Cory Waterman, who
works for the University Off
Campus Housing Office.
When renting an apartment, it is
necessary to have some sort of a
rental agreement, which can be
month to month or a lease for a
set period of time.
Usually, the landlord may raise
the rent or change the agreement
after 30 days written notice. Often,
breaking a long term contract
such as a year lease can lead to
some extra charges.
Agreements can either be oral
or written, but often oral
agreements can be confusing. It's
usually best to get an agreement
in writing.
Legally, rental agreements,
whether written or oral, include
an agreement to pay rent at the
time and place agreed to by both
parties. Rent may not be increased
without 30 days written notice.
Tenants are obligated to notify
landlords of any absence of more
than seven days so the landlord
can ensure the maintenance of
the unit, protect against theft and
guarantee the landlord doesn't
believe the unit has been
abandoned.
When tenants move in, they
must be informed of the name
and address of the owner and the
name of the manager.
Any rules and regulations of the
apartment or house must be ex
plained at the beginning of the
tenancy. No substantial changes
may be made without the written
consent of the tenant.
Before signing any agreement,
the tenant should read the entire
contract and make sure it is
understood. Don't be reluctant to
cross out a word or even a whole
paragraph. If you don't under
stand the form, ask the student
housing office if they can advise
you or call a lawyer.
After moving in, the tenants
should be sure to fill out some
sort of inventory and condition
form. Many apartments supply
their own form, but whether they
Emerald graphic
require one or not, it is best for
the tenants to fill it out, noting any
irregularities in the apartment so
that they won't get charged for it
when moving out.
Landlords don't have unlimited
rights. Some things they are not
allowed to do include the
following:
•Switch locks while a tenant is
out of the unit.
•Hold tenant's property if the
tenant owes rent.
Students can check
the renter's handbook
available free through
the Off-Campus
Housing Office if they
have rental related
problems.
•Have a clause in the lease in
which the tenant gives up the
right to be heard in court by gran
ting the landlord any power of at
torney or right to summary action.
•Have a clause in the lease in
which the tenant agrees not to sue
the landlord.
•Have a clause in the lease in
which the tenant agrees to pay the
landlord's attorney fees if a
dispute ends up in court.
It is also illegal to discriminate in
any way on the basis of race, col
or, sex, marital status, religion, na
tional origin or mental or physical
handicap. Some examples of il
legal discrimination include say
ing there is no vacancy when
there is one, requiring a credit
check or charging a higher rent or
deposit to only some renters, and
discouraging the minority tenant
in any way.
If the tenant wishes to move,
he/she must give 30 days notice to
the landlord, in writing.
When moving out, tenants
should leave the apartment as
clean as it was when they moved
in and let the landlord know so
he/she can inspect the apartment.
After leaving the apartment,
tenants should receive their re
fund or account within 30 days or
legally tenants ran collect double
the amount witheld.
To evict a tenant, the landlord
must give 30 days written notice if
there is a month-to-month agree
ment, 10 days if there is a week-to
week agreement.
If the tenant is seven or more
days late with the rent, the
landlord may deliver a written
notice giving the tenant 72 hours
to pay or leave.
If the tenant, someone in the te
Continued on Page 12B
SCHUTZ
Malt Liquor
BACK
We also carry St. Pauli Girl, Kulmbacher, Pilsner Urquell, Carlsberg Elephant Malt,
Augsburger, Holland Brand, Swiss Lowenbrau, Novelty Items and Party Taps Available
Twin Cities Distributors
750 McKinley 345-2