Safety Features to Look for in a Prospective Apartment

How to Read your Lease

Off Campus Student Services

Safety Features to look for in a prospective apartment: When looking into campus housing, always take notice of these few pointers from your local Police Officers.

1. Parking-Make sure that, not only you have parking close, but that it is also well lit.

2. Doors/Windows-Ensure that all the doors and windows open
and close easily and that all are able to be locked. Doors should
have a dead bolt along with any other locking mechanism it
may have. On the windows, you can do it yourself or ask your
landlord to put in a dow rod at the middle point of your window
that you can put in at night that will not allow the window to
open past a certain point making it harder for someone to climb in.

3. Lighting-This is very important!!!! Make sure that if you have a
rear or side entry that the area is well lit, my suggestion would
be a sensor light that will turn on and off automatically. Always make sure that the lights work, the rule of thumb is “Criminals don’t like to be seen, so enlighten them.”

4. Fire Alarms/ Carbon Monoxide detector-Test the fire alarms
as you walk through and always keep them in working order,
also ask about a Carbon Monoxide detector. A lot of places do
not have them, but if you have a basement it is a good idea to have it.

5. Shrubs/decks-Always make sure that if the front or back of the
place you are looking at has shrubbery, make sure it is cut down
to an appropriate level so people can’t hide in it, or block
the view of doors or windows that would make them targets for
someone to break into.

Always remember that the Police Officers who work in your area where you live are concerned for your safety, and are willing to help when needed. If you ever have any question about your apartment or house on safety ideas or problems you can call 645-1404 in University District and ask for Officer Larry Geis, I will come out and do a security inspection for you and your landlord to make your home or apartment safer. I also offer materials on Personal Safety and many others to help you always be safe.

Off-Campus Student Services:
The first stop for all your off-campus questions

So, you are planning to live off campus next year. What now? Off-Campus Student Services should be your first stop. They can help answer all of your questions, show you the potential neighborhoods and apartment listings, connect you with other students in need of a roommate, or even help you to make money and find new homes for all of your furniture if you are graduating and leaving town! We sat down with them this quarter to get a few words of advice for all of you. Here is what they had to say:

1. Off-Campus Student Services can provide a roommate contract to fill out before you move in with others. This can help to avoid later disputes, especially if you have the document notarized.

2. Off-Campus Student Services has created a move-in checklist that can help you to document the condition of your new home. It is a great idea to document your apartment with photographs and a thorough video before you move-in to show the exact condition of the residence. For a $10 fee, Off-Campus Student Services will send a representative from their office to provide this service, including all equipment and a video tape.

3. If you are planning to sublease your apartment, Off-Campus Student Services can help you to advertise the property online. They also host several Roommate Fairs over the course of the year to help link students with available residences.

4. Do you have something you would like to buy or sell? Go to campustrades.osu.edu to buy, sell or trade any new or used item! Furniture, books, your old car, a computer....

5. Come to Off-Campus Student Services with any off-campus questions. You can contact them at 292-0100 or by email at cama.1@osu.edu (Dilna Cama) They even can be reached on AIM, with the Screen Name OSUOffCampus! They will be glad to answer all of your questions, and help direct you to the right offices and individuals to fit your particular needs.

How to Read your Lease.

While looking for a new place to live and, of course, weeding through all of the legal information encased in that ever important document called the Lease may not be high on your list of favorite activities, a small amout of preparation can be worth a lot! To save you a lot of hassles later on, we encourage you to take advantage of this information, compiled by the Student Housing Legal Clinic. You may be glad you did!

It’s that time of year again - time to find a new home for next fall. Most students choose their new home based on the appearance of the property, the number of bedrooms, location or affordability. Almost no student makes their decision based on the lease terms. Leases are often a person’s first encounter with an important legal document. Because of confusing legal terminology, many tenants do not bother to read their entire lease before signing it. However, it is extremely important that you understand what you are signing because you will be bound by it. This breakdown of common lease clauses will help you understand what the provisions of the lease really mean. Here are a few general things to remember:

• Tenants must pay rent. If they do not pay rent, or break other provisions in the lease, the landlord has the right to terminate the lease.
• It is important to remember that leases are negotiable and not set in stone! Before signing a lease, make sure that all the tenants have read it carefully. If there are certain terms or provisions that are unacceptable, negotiate with the landlord as to what changes can be made. Put any changes in writing (on the lease), and make sure both the tenants and the landlord initial the changes.
A lease is a written contract that records the agreement made between a landlord and a tenant. Usually the tenant agrees to pay rent and to follow the other lease terms. In exchange for this promise, the landlord agrees to provide a place for the tenant to live. Lease agreements may also be oral: but this is unwise because the terms are difficult to prove. If you have a written lease, any oral promises must also be put in writing or they may not be enforceable.

Identification of Parties:
Leases identify the “parties” to the agreement by name. These are the landlord and the tenant. The tenant is usually referred to as the “lessee” and the landlord as the “lessor.” Each tenant who signs the lease is most likely responsible for all terms of the lease, including the full amount of the rent. For this reason, many leases state that all tenants are “jointly and severally” liable for paying rent and abiding by the terms of the agreement. This means each tenant is legally responsible for the entire amount of rent, and that the landlord may evict all tenants if one tenant breaks the rules of the lease. The landlord may sue any or all of the tenants for unpaid rent or other damages.

Co-Signers and Guarantors:
A “Co-Signer” is any person who signs a lease (co-tenants, parents, etc.). Most leases include a “joint and several liability” clause, which is discussed above. Each person who signs the lease individually promises to take full responsibility for rent and the care of the apartment, even if they never move in. A “Guarantor” is slightly different from a co-signer. A guarantor’s sole purpose is to promise that the landlord will receive all the rent, as well as any costs due to damage by the tenants. If the tenants fail to pay rent or costs, the landlord must sue the tenants first, then may go after the guarantors. This is insurance for the landlord - even if the tenants can’t pay or can’t be found, the landlord has somebody else to sue. A guarantor may sign a separate agreement with the landlord, or it may be included in the lease. Landlords can require applications and credit checks for guarantors as well as tenants. Many campus-area landlords require tenants to get a guarantor (usually a parent) to sign the lease.

Term of the Tenancy:
A lease agreement will state whether it is a fixed-term lease (ending on a specified date) or a month-to-month tenancy (automatically renewed). Pay attention to automatic renewals and notice requirements regarding the end of the lease. There may be certain steps that must be followed to be allowed out of the lease at the end of the term.

Rent. Charges and Late Fees:
A lease should specify the amount of rent, when it is due, and where it is to be paid. A lease may also specify who pays for the utilities. The lease may also include details on how rent is to be paid, such as a personal check or money order. Many landlords include their policies on late fees in the lease, but keep in mind there are legal limits on how much can be charged.

Security Deposits:
A landlord may collect a deposit when the tenants move in and hold it until they leave. The general purpose of a deposit is insurance -it is financial protection for the landlord should a tenant fail to pay rent or leave the rental unit in poor condition. Any deduction from the security deposit must be itemized and sent to the tenants with the remainder of the money within thirty (30) days after the termination of the rental agreement. The tenants must provide the landlord, in writing, a forwarding address so the landlord can send the itemization and remainder of the security deposit.

Condition of the Rental Unit:
Leases often state that the tenants accept the premises “as is.” Before signing off on this clause (by signing the lease), make sure the tenants have inspected the premises and noted any problems. The landlord may even provide a checklist, and the tenants can ask to add this to the rental agreement. If not, sample checklists are available at the OSU Student Housing Legal Clinic.

If the tenants carefully record any problems found before moving in, it will not only help get repairs taken care of, but will also help insure that the security deposit will be returned at the end of the lease. It will be clearer what damage the tenants are responsible for and what damage was present before moving in. It is a good idea to document the condition of the premises at the time of move-in with a camera or a video camera (start out with a shot of a newspaper to prove the date). If the landlord promises to make any repairs, make sure those promises are written on the lease and initialed by both the tenants and the landlord (make sure to keep a copy).

Landlord’s and Tenant’s Responsibilities:
The landlord has a statutory duty to provide the tenants with a habitable (livable) rental unit. Leases generally are not very specific about the landlord’s duties to repair and maintain the property. Generally, the tenant is responsible for keeping the premises clean, sanitary, and in good condition. Some leases are very specific about tenants’ duties. In addition, some leases will outline what kind of things a tenant is not allowed to do.

Renters’ Insurance:
A lease may have a clause explaining that the landlord’s insurance does not cover any liabilities covered by renters’ insurance. Even if the landlord does not require tenants to obtain renters’ insurance, the tenants may choose to, especially when renting in a higher crime area. It is possible to choose the amount of coverage, and it is usually a pretty reasonable price to pay for peace of mind and security.

Landlord’s Right of Access:
Whether or not this provision is in the lease, the landlord does have a right to enter the rental unit, but that is balanced with the tenants’ rights to privacy. The landlord is required to provide 24 hours’ notice before entering the unit, unless it is an emergency. Still, it is best to put these rules in writing (in the lease) so that everyone is clear as to what is required.

Entire Agreement:
This provision is often placed at the end of the rental agreement, and means that the lease, together with any additional documents referred to (like rules and regulations), constitutes the whole agreement between the landlord and the tenant. This means that any provision not found there may not be binding on the parties. Because courts will look to the lease as the entire agreement between the parties, it is important to add any provisions or change any provisions in writing that the tenants feel are important. If any additions or changes are made to the lease, have the tenants and the landlord initial them. Then make sure that both the tenants and the landlord have a corrected copy of the lease.

Hopefully, these concepts will help you understand your next lease. The OSU Student Housing Legal Clinic can assist you by scheduling a free lease review before you sign! If legal problems do arise within the terms of a lease, the Student Housing Legal Clinic is also prepared to assist students with legal issues that pertain to landlord/tenant problems. The Clinic also has available informational packets on many common landlord-tenant issues. The OSU Student Housing Legal Clinic is located on the third floor of the Ohio Union. If you are interested in more information about our office and the services we provide for OSU students, please visit our website at http://moritzlaw.osu.edu/shlc or contact Susan Choe and Lisa Pfeifer at 614.247.5853. Happy house-hunting!