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How
does the saying go, If I only knew then, what
I know now? That could be the mantra of the Student
Housing Legal Clinics (SHLC) clients. The SHLC
provides free legal advice and representation to OSU
students regarding landlord-tenant issues.
Susan Choe, the director and supervising attorney for
the Clinic, says that students are often unnecessarily
rushed into the leasing process. Landlords and
management companies often give students a false sense
of urgency. They are running a business and their goal
is to fill as many of the units as quickly as possible.
But students should realize that there are more off-campus
units than there are students to fill all those units,
so students have the upper hand in bargaining.
Choe says that some students have unknowingly signed
lease agreements or have signed documents forfeiting
deposits without understanding the ramifications. Choe
says that students should simply ask for a copy of any
such documents, including the lease agreement, and then
call the SHLC to schedule an appointment (usually within
the same week). If a person questions why you
want copies, explain that you want to have your legal
counsel review them first. If the landlord or agent
seems hesitant, that should send up some red flags,
says Choe. They should want to have fully informed
and responsible tenants.
When you bring these documents to SHLC, a legal intern
will go over any of the documents with you. Not
only do we go over all the legal language, but we explain
what language is enforceable and what isnt under
the law, says Pete Merrick, a certified legal
intern at SHLC. We give students a lot of information
everything from understanding utilities to getting
renters insurance. Merrick says that once students
leave the office they are fully informed and are likely
to have a much better renting experience than those
that do not come into the office before they sign a
lease.
Merrick says that a number of clients have come to the
office with problems getting their landlord to act on
repair requests. We have students who have made
several phone calls, but they have never put the repair
request in writing. That is a major point we discuss
in lease reviews. Our website has an informational packet
with a blank form that students can print off, fill
out, keep a copy, and then either mail or hand deliver
a copy to the landlord or management company. Putting
the request in by telephone does not start the clock
running for landlords to repair, but if the student
wants to place their rent in escrow or use other remedies
under the Ohio Landlord Act, the student must place
the repair request in writing. Most repairs must be
handled in thirty days. After that time, we talk to
students about possibly using the courts rent
escrow procedure.
Choe says that another important reason to keep copies
of all repair requests is that students have evidence
of any damages that may have occurred during tenancy.
The request will show that there was a leaky roof
and that is what caused the damage to drywall. As such,
the student shouldnt have money taken out of his/her
security deposit for damage that he/she did not cause.
The repair requests, in addition to photos, can go a
long way to solving students cases quickly.
Speaking of pictures, SHLC recommends that before you
move any furniture into a place, you should either take
pictures or videotape the condition of the property.
You can rent a video camera from Off-Campus Student
Services (OCSS) for fifteen dollars. OCSS has a checksheet
available to guide you through the taping process. In
the Security Deposit packet, SHLC has information
about photographing and has blank move-in and move-out
checklists. Choe says that these steps are important
as students seek to get a full return of their security
deposit.
Paul Wilkins, staff attorney for SHLC, says that students
do rush into the process and they miss very important
information. Often, students sign a lease without
even considering what the utilities at a particular
place may cost them. Students are often shocked to see
utility bill amounts they werent expecting.
Wilkins says that a lot of the homes in the off-campus
area can be older and may have inefficient furnaces
in addition to poor insulation and drafty windows. He
also states that students should know how utilities
are measured and should get a monthly average for colder
months and warmer months so that they know what to budget
for. Without getting a lease review before signing,
some students dont think about some things, like
parking. Far too often we have students tell us
that they wish they had to come to us first. If they
had our information before, they could have avoided
all the hassle they may have gone through, says
Wilkins.
The clinics website has all of its informational
packets online, but there is no substitute for calling
and making an appointment to discuss your specific situation.
Choe says that students sometimes enter into agreements
to change lease terms, or want to have a holding agreement
before they sign a lease. We can assist students
with drafting these things to be sure that they are
fully protected, says Choe. She continued, We
want to be sure that students have considered all their
options and know all their rights and responsibilities.
Wilkins says that students should avoid being those
who regret not coming to SHLC sooner. Be sure
to bring in any documents before you sign and have us
go over them with you. Also, we will have the chance
to be sure that you are fully informed about the leasing
process.
SHLCs main advice is to not rush to sign a lease
and be sure to make an appointment with the clinic before
you sign anything.
Appointments are available Monday through Friday from
9 a.m. until 4 p.m. Call (614) 292-5853 to schedule
an appointment. The clinics website is available
at http://moritzlaw.osu.edu/shlc.
Lastly, if you would like to have SHLC do a presentation
for your group, contact Cherish Cronmiller at (614)
247-6066. The clinic will send a representative to speak
about the renting process and Ohio Landlord-Tenant Law.
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