Editor’s note: This commentary is part of the Emerald’s and ASUO Legal Services’ ongoing efforts to assist students through education as well as representation. ASUO Legal Services’ attorneys are licensed to practice in the state of Oregon. Information disseminated in this article does not constitute legal advice and does not create an attorney/client relationship. For legal advice, contact an attorney licensed in your state. You should not make legal hiring decisions based upon brochures, advertising or other promotional materials.
Many students visiting ASUO Legal Services seek assistance with landlord-tenant issues. Although conflicts with landlords are sometimes inevitable, there is a lot that tenants can do to protect their rights. The key is to be proactive in the landlord-tenant relationship.
Read your lease
Read your rental agreement and any attachments carefully. Discuss any questions or concerns with your landlord, and confirm any changes in writing.
Be aware of your responsibilities under the agreement and live up to them. Pay your rent on time. Seek legal advice before attempting to withhold rent — this is permitted only in very limited circumstances, and only after specific procedures are followed.
Keep records
It is essential to correspond in writing with your landlord. Many protections under Oregon law apply only when the tenant has given notice of a problem and requested repairs in writing. Include dates on your letters and keep copies in a file with your entire rental agreement.
Protect your deposit
When signing the agreement, discuss your expectations regarding the use of your deposit — will it be applied only toward repairs, or will it also be used for cleaning?
When you move in, do not assume that the landlord knows about pre-existing damages in the home. Send a letter detailing any concerns you have, and take pictures in a way that establishes the date they were taken. If the unit is not clean when you move in, notify the landlord and discuss the remedy. Confirm any agreement in writing.
Report other problems as soon as they occur. Sometimes minor problems, such as a leak, can cause major damage in the long run. The landlord may hold you responsible for expensive repairs if you fail to report such problems promptly.
Document the condition of the unit again when moving out. Take pictures of any damages for which you expect to be charged. Also include the walls, the floors, and appliances. You can ask your landlord to inspect the unit when you have removed all of your belongings and finished cleaning. Some landlords will agree, thus giving you a chance to do additional cleaning as needed.
Terminating a lease
In a month-to-month agreement, you must give thirty days’ written notice of termination. Even if your lease ends on a specific date, it will not hurt to confirm that you intend to move out at that time. (In fact, some term leases purport to require such notice, though such provisions are of questionable validity.)
Seek legal advice if you must break a term lease, or feel that you are entitled to do so due to the landlord’s failure to abide by Oregon law or the rental agreement.
Give written notice of your forwarding address, and return the keys on the date you move out. If you do not receive your deposit within thirty-one days, or you feel that funds were wrongly withheld, seek legal advice.
Nicole Miani is an attorney at law
for ASUO Legal Services.