For most of us, campus living is neither cheap nor a stay at a five-star hotel, but because housing near the University is in high demand, home sweet home can afford to be a little rusty. Ovens and sinks only have so many years on their warranties, and when they break they can be expensive to repair. So when the washing machine springs a leak during the spin cycle, and the screen door is hanging from its hinges, you may be wondering who to call.
Many houses around campus are owned by real estate companies or private owners. Companies usually employ property managers to be in charge of repairs and any other problems related to their designated units. For privately owned homes and apartments, the owners often assume responsibility for maintenance and any inquiries the tenant may have.
Rental homes all require maintenance at some point, which is why Oregon laws require landlords to keep their rentals hospitable. Rentals must meet “habitability” standards, meaning that all rentals must meet criteria based on safety, healthiness and cleanliness.
According to Karen Wilts, owner and landlord of a duplex near the Ferry St. Bridge, landlords are required to maintain their property and be prepared for an unexpected crisis at all times. “Landlords are required to be available 24 hours daily to respond to emergency inquiries from the tenant,” she said.
Most landlords will agree that they want to fix the problem as quickly and as inexpensively as possible. However, these costs may cut into the tenant’s deposit if repairs require more than basic maintenance.
Michael Ralls, a sophomore at the University, has experience with both company-run and privately owned rentals. He and his roommate last year, Jon Tunnell, were charged a $500 deposit plus an additional $150 after they moved out of their 15th and Patterson apartment.
“There were a couple holes in the walls, but Jon and I took care of those I thought. It would have been nice to know what we should and shouldn’t have fixed prior to leaving,” Ralls said.
Wilts believes that the landlord should be maintaining the rental as well as making particular repairs. “The landlord is responsible for most or all repairs which impact safety, livability and basic systems,” she said.
Whether or not a landlord or a professional should fix the problem depends on the knowledge of the landlord and by the landlord’s discretion. “We have the right to fix something ourselves or call a professional in. That depends on time and skills. Some things require a licensed plumber or electrician,” Wilts said.
According to Wilts, things a tenant should never attempt to fix are broken pipes, leaks, roof or electrical problems. The landlord may not fix the problems themselves, but the tenants should contact their landlord immediately so that there is no further damage.
Oregon law states that if repairs are needed due to the tenant’s negligent behavior while renting the unit, the landlord can terminate the rental agreement following a 30-day eviction notice. Within 14 days after receiving the notice, the tenant may fix all damages to the unit in order to proceed living there. The landlord also has the ability to bill the tenant for additional repairs.
“Mike and I have had a lot of problems getting our landlords to actually come and fix stuff. My room didn’t have a door for several months and our friends from the same complex experienced the same problems with the landlord,” Tunnell said.
If tenants are unable to get their landlord to make repairs because the landlord either refuses or does not do so in a timely fashion, tenants have several options. Tenants can give their landlord a 30-day notice that they will move out unless repairs are made within seven days for services such as water and heat and 30 days for all other repairs. If the landlord still does not fix the problem by the time you have moved out, the tenant is entitled to his or her deposit and all prepaid rent.
If a tenant does not want to move out they can file a lawsuit to further coerce the landlord to make the repairs. Tenants may also sue for damages made by the problems left unfixed. One may only sue if the damage was not the fault of the tenant, and if the tenant had previously requested help from the landlord.
A less drastic approach is for tenants of an apartment complex is to complain to a building inspector or safety code enforcement agency.
“Before moving into the apartments I had no idea there were so many rules. Unfortunately, for those of us who don’t know the rules, we end up having to pay a lot more,” Ralls said.
To avoid problems with rentals and landlords become familiar with Oregon’s laws such as the Landlord-Tenant law, available online at www.osbar.org. It also may be useful to discuss any specific rules the landlord may have in addition to the requirements of the law. With the landlord’s permission, it may help to go through the house and document any damage. Providing a landlord with this documentation as well as keeping a copy may ensure that a full deposit is returned to the tenant.