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August 17, 2008 12:00 AM
Reading lease fine print can save future trouble
Megan Moser Staff Writer

Let the renter beware: signing a year-long lease agreement is not something to take lightly.

First-time tenants often are not aware of their rights or their obligations, and such oversights can cause problems with landlords down the line.

Samantha Oliver, director of consumer and tenant affairs at Kansas State University, said the best way to avoid disputes is to be informed. Students should read their leases carefully, she said, and make sure they can live with the conditions they agree to.

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"The main problem we see is misinformation or lack of information of their duties as tenants, which causes problems and tension," she said. "Most students are 19 or 20 when they rent a house for the first time, and they don't have a lot of experience under their belts."

She said the Office of Consumer and Tenant Affairs can help by providing information and answering questions for students.

"Our role is to basically assist students and help them resolve issues with their landlords," Oliver said.

The office also can direct students to other sources of help, like lawyers or the local code office. She said students often are not aware that they are entitled by law to a house or apartment that is up to code. That includes having a working heating system, good plumbing and a home that is free of insects and rodents.

The code also makes provisions for room size, occupancy, smoke detectors and appliances. Both the interior and exterior of the dwelling must be safe, clean and well-maintained, according to a booklet released by Code Services.

Oliver said students can have their homes checked by a code inspector at no charge.

"Most people don't know that they can call Code Services and find out if previous code violations had been found at a particular house before they sign the lease," Oliver said. They can find out whether landlords have resolved code violations quickly and completely, she said.

If, during a walk-through, a landlord points out something like a broken porch that needs repairs, students should get such promises written in the lease.

"If they say, 'We're going to repair this or that,' there's nothing legally obligating them to that," Oliver said. "But you can write in the lease, "Landlord is to have the bathroom refinished by this date.'"

Oliver said students should also avoid places that already seem to be in poor repair.

"Chances are, if they aren't keeping things up for the current tenant, they're probably not going to do more work with you living in it," she said.

Students also can talk to a landlord's other tenants, or go online to a landlord-rating site to find out whether he or she will be a good match for them.

Manhattan residents also can find information at the City of Manhattan's Office of Human Relations.

Human Relations Specialist Larry Hackney said his office dispenses packets of information for both landlords and tenants each year.

He said he receives many inquiries about a landlord's right to enter. Most leases say a landlord must give reasonable notice before entering a dwelling. But when the lease is up and landlords need to show properties to prospective tenants, they may give less notice and come by more often than the current tenants would like.

Hackney said most of the thousands of leases in Manhattan begin in August, meaning that a big upheaval occurs several months in advance as people scramble to find new housing and new tenants.

"It's a big musical chairs," Hackney said. "It's not normal in non-college towns, but as far as I can tell, there's nothing on the law that prevents landlords from doing it."

Hackney said he gets a number of other complaints about security deposits. He said landlords are required to give tenants their security deposits 30 days after the tenants vacate the property.

Landlords may keep all or part of the deposit for repairs or unpaid rent, but they must send tenants an itemized list of charges.

In general, most properties meet legal requirements and most landlords are reasonable, Hackney said.

"For the most part, the condition of the housing store in Manhattan is very good," Hackey said. "For a long time, we've had a robust economy and strong demand, so landlords have every reason to keep their properties in good repair. But there are always some exceptions.

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