The following are a few tips to avoid mistakes made by inexperienced renters:
1. Read the lease
It sounds pretty simple, but many renters don’t read each provision. ASUO Legal Services warns not to sign anything without understanding the contents. If a landlord is rushing the renter to sign the lease, it may be an indication that something is not right. Once the lease is signed, the renter is obligated to obey it.
“Landlords like to hand you a lease, but if there is something in there you don’t like, you can negotiate,” Nicole Miani, a staff attorney for Legal Services, said.
For example, most pet deposits are non-refundable, but renters could ask the landlord for it to be refundable if the animal causes no damage. Whatever changes are made to the lease, it is essential to get them in writing with the tenant and landlord’s signatures.
Another indication not to sign the lease is if the fees are outrageous.
“If students read the lease at all, it’s very easy to think it will never happen to them,” Miani said.
This is a common problem with renters who have numerous roommates. If one of the roommates is late with their part of the rent, then all tenants are responsible for the late fee.
Note what the termination of lease fee is. While renters don’t usually plan on breaking the lease, unexpected events can arise that might require payment of the fee.
Miani advises students not to rush into leases.
“The market is pretty good right now, and I think students can be a lot choosier about what rental situation they are getting into,” she said.
2. Don’t move in until you have written a list of damages
A common problem when renters move is that the new place is not clean. Miani said to call the landlord immediately and inform him or her of the condition of the apartment.
“Break a deal and see if you can get money off next month’s rent,” she said.
If the landlord agrees, write a letter thanking him or her for the agreement, and keep a copy for yourself. The letter serves as evidence that the agreement took place. If the landlord refuses to make an agreement, renters can break the lease and refuse to move in.
Once a renter moves in, the landlord will ask them to write a list of damages or provide check sheets to fill out. Renters should thoroughly fill out the form and make a copy for themselves. Miani said many tenants don’t discover all the damages right away.
“If you notice anything else after moving in, send a letter to the landlord even if it doesn’t bother you,” she said.
If the renter doesn’t see the damages right away, the landlord probably didn’t either, and he or she could charge the renter for those damages when the lease is terminated.
Miani said a frequent
misconception is that renters think if they paid a cleaning deposit fee at the beginning of their lease that they do not have to clean up when they leave. Landlords will use the cleaning deposit first and then dip into the security deposit to cover cleaning costs. Hourly rates of cleaning can be $15 to $20 an hour, according to Timothy Breen, a property manager for Jennings and Co. Property Management Inc.
Miani recommends taking pictures of walls and floors after terminating a lease.
“Sometimes landlords do overreach and claim they spent 16 hours cleaning,” she said. “If you have pictures, it helps your argument.”
3. Communication is key
“Communication with your landlord is a big deal, and most people don’t do it,” Breen said.
By maintaining a good relationship with the landlord, he or she might be more willing to help renters out. For instance, if a renter is unable to pay rent one month, Breen said the best thing to do is call the landlord.
“Most of them are nice and will work it out within reason,” Breen said.
However, if the renter fails to pay rent and doesn’t communicate with the landlord, after seven days, the landlord can serve the tenant with a 72-hour notice under the Oregon Residential Landlord and Tenant Act. The notice gives the tenant three days to either pay the rent or vacate the premises. If neither happens, the landlord can then file the claim in court.
Breen said the most common problem he encounters with his clients is when tenants don’t give a 30-day written notice of termination.
“In the summer, we have a two-week period where around 300 or 400 students move out,” Breen said.
By writing a letter to the landlord, the renters ensures they won’t pay for extra days. Even if the renter’s lease will expire, a written notice is needed. The letter should indicate where the keys will be left and remind the landlord of broken items mentioned in the checklist at the beginning of the lease.
Most importantly, tenants should provide their forwarding address to receive their security deposit back. Under the Oregon Residential Landlord and Tenant Act, the landlord is required to return the security deposit or a letter stating why the deposit is not returned within 31 days of the termination of the lease. If the landlord fails to do so, he or she has to pay up to twice the amount owed to the former tenant, the law states.
“We get a lot of calls on day 32,” Breen said.
He added that getting the money back is a very common problem, especially with multiple roommates. If roommates want the security deposit split, Breen said they must write a letter with all the names and forwarding addresses provided.
Communication goes both ways in a tenant-landlord relationship. The Oregon Residential Landlord and Tenant Act states: “Rent may not be increased without a 30-day written notice thereof in the case of a month-to-month tenancy or a seven-day written notice thereof in the case of a week-to-week tenancy.” The law also states that landlords must also give a 24-hour written notice to the tenant before entering the dwelling.
“So many of your rights depend on giving written notices,” Miani said. “Landlords know that writing a letter is getting legal gears in motion and take it more seriously.”
Emily LoVerde is a freelance reporter for the Emerald.