When a person signs a lease, moves into or out of an apartment, there are things renters should know that could save them a significant amount of time and money in the long run.
Managing Attorney Michael Booher with Wright State Student Legal Services, Inc. has five major tips for all renters.
Tip number one is view the actual apartment you will be renting before signing a lease. “Don’t let them show you a model and sign a lease based on that alone,” said Booher. He continued saying viewing a model is okay tenants should see the exact apartment they will be renting. SLS, Inc. has had many cases where clients have said the actual apartment they rented was in different condition than the model they were shown.
The second tip is complete a rental checklist. Make a list of any repairs that need to be done. “In terms of what, if any, issues there are with the condition of the premises,” said Booher. Booher said they strongly urge people to take pictures when they move in and move out so tenants can prove what kind of condition the rental property was in.
Be careful when choosing roommates and sit down with them to discuss any problems that could arise is the third tip. “Make sure you have a specific, explicit agreement as to how expenses are going to be shared and put that in writing,” said Booher.
SLS, Inc. provides a service where they draft co-tenant agreements where parties agree on who is responsible for paying what. “Put it in writing, that way if everyone has it in writing and has a copy, that way it always reads the same and drastically reduces misunderstandings.”
The fourth tip is SLS, Inc. strongly recommends tenants getting renters insurance. “It’s cheap,” said Booher. “It’s like 10 buck a month or less and it’s good insurance to have.”
The landlord’s insurance coverage invariably does not cover the person property of the tenants, according to Booher. If the roof leaks and the water fries your laptop, replacing the laptop is on your dime.
Finally, read the lease and insist on getting a copy of it immediately. “Do not leave the premises without getting a copy of it,” said Booher.
Proper steps to moving out: “Firstly, look at your lease. You have to give notice to the landlord before you move out.” Some leases require more than 30 days, but it just depends on your lease. Booher said give your landlord at least 30 days notice, if not 60 days and put the notice in writing, keep a copy and keep a paper trail.
“Anything that’s any important communication with your landlord needs to be in writing,” said Booher.
He recommends sending any pieces of writing through the mail to wherever you pay the rent and keep a copy. He also recommends keeping a file of all of your records and paying your rent on time and by check or something else where you can have a paper trail.
Clean the place when you moved. “You are not required to have it in move in condition. You are not required to have it in the same condition as when you rented it. You are not required to have the carpets professional shampooed,” said Booher. “Any provision that says any of those things in the lease is absolutely unenforceable.”
According to Booher your only requirement under the landlord/tenant law is you must return the premises in the same condition as when rented plus reasonable wear and tear.
As previously stated, Booher recommends taking pictures when you move out so you have proof of what the premises looked like.
Booher said the number one problem they face when students move out of their apartments are over security deposits. “We win a good 90 percent of these case…but it’s all a matter of proof.”
It is possible to get your security deposit back without involving the court system but there are things you need to do first. Booher said tenants must pay their rent, move out on time, turn the keys in, give the landlord written notice of your forwarding address. At that point the landlord has 30 days to return the security deposit to you, the renter.
“The landlord is entitled to deduct any unpaid rent and any damages that are beyond reasonable wear and tear,” said Booher.
If any money is deducted from the security deposit the landlord must give the tenant an itemized list of deductions and any amount that is remaining is due to the tenant within 30 days.
“If they fail to do that then they’re liable to the tenant for double the amount wrongfully withheld plus attorneys fees,” said Booher. “If you get an eviction notice come see us immediately,” said Booher.
If anything in the lease contradicts the landlord/tenant law, chapter 5321 of the Ohio Revised Code, it will not be enforced.
According to Booher approximately 50 percent of their services include traffic and criminal matter and landlord/tenant is approximately 15 percent. From the last academic school year in 2010 to August of 2011 SLS, Inc. had 68 landlord/tenant cases.
SLS, Inc. also provides services for family law, including divorces, disillusions, child support, consumer law including negligent car repairs, billing disputes, and wills simple trust, living rules, power of attorney.
SLS, Inc. is located in the Student Union in room B015. Their website is wright.edu/students/legal and their phone number is (937)775-5857.
