LANDLORD-TENANT LAW
The landlord-tenant relationship is one of the most important legal relationships
that college students will face. Knowing your rights and responsibilities
can prevent problems later.
RENTING AN APARTMENT:
THINGS TO CONSIDER
1.) Will you live alone or have roommates?
2.) How much room do you need?
3.) How much rent can you afford?
4.) Do you want amenities?
5.) Do they allow pets?
FINDING YOUR APARTMENT:
WHERE TO GO
1.) Contact Commuter & Student Services.
2.) Get a friend's recommendation.
3.) Look at the want ads.
4.) Introduce yourself to other tenants.
QUESTIONS TO ASK TENANTS:
WHAT ARE YOU GETTING INTO
1.) Do you like living there?
2.) Does the landlord make requested repairs?
3.) How much are the utilities?
After you have limited down your housing list, set up an appointment
with the landlord--never rent an apartment without thoroughly examining
it first!!
THE LEASE:
BEFORE YOU SIGN
A rental agreement may be a verbal promise or a written lease--there
are things to consider before you commit.
QUESTIONS TO ASK THE LANDLORD:
DETAILS YOU NEED TO KNOW
1.) Does the rent include any utility costs?
2.) Estimate the cost of heat & electricity?
If you are given an estimate, check with the utility company
and the past tenant.
3.) Who controls the thermostat?
4.) Who pays for garbage removal service?
5.) Do all of the appliances work?
Ask if you can turn on all of the appliances---CHECK
EVERYTHING
including the oven, burners, air conditioning, etc.
6.) Has there ever been a bug problem?
7.) What is the rule for parking & storage?
8.) Are laundry facilities available?
9.) How long is the lease term?
Make sure that you and your roommates can commit to the whole
term. If the term is too long, try to negotiate a shorter lease. If you
have a verbal agreement of unspecified length or an expired lease, you probably
have a month-to-month tenancy. Either the tenant or landlord may terminate
a month-to-month tenancy by giving the other 30 days notice in writing on
the day rent is due. Rent may also increase by giving 30 days notice in
writing.
STOP-----BEFORE YOU SIGN!!!:
DOUBLE CHECK
1.) Are the landlord's promises in writing on the lease?
This can be done by writing additions in the lease and having
all parties initial the change or have a separate paper where all parties
sign and date. Make sure to include a deadline. -- Remember oral promises
are generally not
legally binding or enforceable.
2.) Do you have questions on a lease clause?
Consult STUDENT LEGAL SERVICES or a private attorney prior to
signing. Some clauses are unenforceable and you will want to strike these
from the lease.
ALWAYS GET A PHOTOCOPY OF YOUR LEASE,
INCLUDING ANY MODIFICATIONS!!!
RENTER'S INSURANCE:
YOUR LOSS MAY NOT BE COVERED
Don't assume that your landlord will cover your loss. Instead
look into
renter's insurance--it's not as expensive as you think.
Generally renter's insurance covers loss of property when something
the tenant owns is stolen or destroyed. The insurance can cover either the
actual fair market value at the time of loss or the "replacement"
cost. Some types may also include personal injury or negligent injury of
someone or damage of property.
LINCOLN MINIMUM HOUSING CODE
AND THE HOUSING CODE OFFICE
If you are having difficulty with the landlord making repairs
related to health and safety but want to stay at your residence, contact
the Housing Code Office (441-7785) for enforcement of the Lincoln Minimum
Housing Code. This code states that it is unlawful for a landlord to rent
property that does not meet established standards of health and safety.
An investigator will examine the problem and the landlord will be contacted
with a deadline to make compliance.
For FREE legal help contact:
ASUN Student Legal Services....472-3350
335 Nebraska Union
www.unl.edu/asun
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