Editor’s note: This commentary is part of ASUO Legal Services’ ongoing efforts to assist students through education as well as representation.
This time of year, many students rush to find housing for the upcoming school year. This sense of desperation can lead to rash decisions in signing a lease which, unfortunately, is often the first step in creating an unsatisfactory landlord-tenant relationship.
Take the time now to carefully consider your lease. After you move in, continue to be proactive in protecting your rights.
Read and understand
your lease
Let’s face it: Leases, like most legal documents, can be difficult to read: not necessarily because they are complex, but because they are boring. Nevertheless, it is crucial that you read your lease before signing it. A lease creates legal obligations for you. You need to know what these obligations will be before you agree to perform them.
If any portions of the lease are confusing or objectionable, discuss them with the landlord. If necessary, insist on making written changes to the lease itself. Handwritten changes are adequate if they are initialed by the landlord. Don’t accept statements from the landlord such as “that’s never been a problem.” If it’s not important, the landlord should be willing to change it. If a landlord is unwilling to discuss or modify troublesome lease provisions, this is a red flag that the landlord will be difficult to work with.
If the landlord has agreed to do repairs prior to move-in, get those promises in writing.
Think carefully about
the security deposit
Is the full amount of your security deposit refundable? If not, think about whether you can afford the non-refundable amount, and what you will get in return. A non-refundable
cleaning deposit does not mean that you do not have to clean when you move out.
Discuss the landlord’s expectations regarding the refundable portion of the deposit. Will it go only to pay for damage, or will it also be used for cleaning? Many students are surprised when money is withheld for cleaning a unit which was dirty when they moved in.
Be wary of excessively large deposits — it can be very difficult to get your deposit back, even if it was wrongfully withheld. Some local landlords take advantage of that fact.
Keep good records
Keep a copy of your lease and any attachments. When you move in, carefully inspect the unit, document any existing damage in writing, and provide a copy to your landlord. If the landlord provides a move-in checklist, request and keep a copy. Throughout the tenancy, request any repairs in writing. Keep copies of all correspondence with your landlord.
Be a good tenant
To have a good relationship with the landlord, you need to do your part. Pay your rent on time. Promptly report any problems. Give proper notice when moving out. Live up to any other obligations of the lease, such as yard maintenance.
Check with your landlord before painting, adding built-in shelving, adding locks on doors or windows, or doing anything else that will alter the unit’s condition. Any improvement that you make must be approved by the landlord and competently completed.
Be courteous to your neighbors, who will often direct complaints to your landlord. They may also object to unkempt yards and “indoor” furniture kept on porches or in front yards. Introduce yourself to your neighbors at the earliest opportunity. This may encourage them to contact you directly about noise, rather than calling your landlord or the police to complain.
Take responsibility
Throughout your tenancy, protect yourself by taking responsibility for the landlord-tenant relationship. Do not assume that the landlord will do anything s/he has not committed — in writing — to do. Do not assume that the landlord is thoroughly familiar with problems in the unit. Let him or her know (in writing) about any pre-existing damages, and any problems that arise throughout the tenancy. In short, do not assume that the landlord will take care of you — most landlords are in the business for investment purposes, not to adopt college students.
Seek legal advice
when problems arise
There are several resources for student tenants with legal questions. The ASUO Student Legal Services Office provides advice to fee-paying students at the University of Oregon. In addition, information is available from the OSPIRG Web site (www.ospirgstudents.org) and tenants’ rights hotline, available during the school year.

Nicole Miani is an attorney
for ASUO Legal Services.