Summer a season of change for renters

By Don Henderson

With the spring football game, jazz concert, Springfest and other such cherished rites of NIU come and gone, only the slight matter of final exams remains before the end of another academic year. This last column, therefore, undertakes to provide a few tips to avoid common legal problems which arise during the transition from academic labors to the work-a-day world of summer employment.

I. Vacating your apartment. When you vacate your apartment, whether the lease is up or because you are subletting, it is very important to document the condition of the premises at the time you leave. Remember, your legal obligation is to return the premises to the landlord in as good or better condition as you found it, except for ordinary wear and tear. An exit room condition report will go a long way in establishing the relevant facts in the event there is a dispute later. Be thorough, and don’t forget to document the condition of the exterior of the premises and surrounding grounds if you rented a house. Ask your landlord to inspect the premises before you leave. If you do so early enough, you may have time to make final repairs and cleaning that will save you damage charges in the future.

If you abandon old furniture and/or other more quaint collectables in your apartment, you may be responsible for the costs of their removal. Check with your landlord to see if there is any problem with your stacking the items in question in or near the dwelling’s dumpster, if there is one. If the landlord has not contracted with a private pick-up firm, presumably the city rubbish service is available. The City will pick up a wide variety of large items, excluding automobile parts, on its Thursday-Friday run, provided the items are properly packaged or bundled. Refrigerators and freezers must have their doors removed. If neither of these options is available, you can contract directly with DeKalb County Disposal or other companies for special pick-up.

Other tried and true methods of establishing the condition of premises at the point of departure include taking pictures of areas of damage—include items you believe you are not responsible for as well as items you believe you may be held liable for. Also request a reliable person whom you could later call as a witness to inspect the premises after you’ve cleaned it. Obviously, keep a copy of your room condition report, lease, cancelled checks and other receipts of rent payments.

Depending on the agreement you have reached with your sublessees or the landlord, you should promptly transfer or terminate your utility service. Don’t assume that your landlord or the subsequent tenants will do this for you. Finally, be sure to leave your forwarding address with your landlord, requesting him or her to forward your security deposit to you per your instructions.

II. Subletting. Successful subletting involves good judgment, hard work and an element of good luck. It is ordinarily of mutual benefit to the sublessor (the original tenant) and the sublessee that their agreement be set down in writing and, where the lease specifies, approved by the landlord. The landlord might charge a fee for his administrative costs; check the lease to see if this is permitted. Sublease forms are available in the Students’ Legal Assistance Office as is a sheet of instructions for filling out the form.

Basic matters which the parties need to address include rent terms, posting of a security deposit if any, transference of utilities into the name of the sublessee, the use of property left by the sublessor for the use of the sublessee. A copy of the original lease should be provided to the sublessee so that he or she will be aware of the rules and regulations he or she will be subject to during the sublease. Again, both parties should keep copies of the sublease, receipts for deposit, rent, etc.

III. Address changes. A myriad of problems can arise merely from failing to inform people you do business with, magazine publishers, etc., that you have changed your address. Under Illinois law, you have ten days to notify the Secretary of State’s office that you have changed your address for the one listed on your driver’s license. This is important because license plate and driver’s license renewal applications and notices of suspensions are sent to the address listed on your license; the fact that you never received actual notice of suspension or license renewal because you moved is not a defense to violations of law you may have committed in these situations.

With the spring football game, jazz concert, Springfest and other such cherished rites of NIU come and gone, only the slight matter of final exams remains before the end of another academic year. This last column, therefore, undertakes to provide a few tips to avoid common legal problems which arise during the transition from academic labors to the work-a-day world of summer employment.

I. Vacating your apartment. When you vacate your apartment, whether the lease is up or because you are subletting, it is very important to document the condition of the premises at the time you leave. Remember, your legal obligation is to return the premises to the landlord in as good or better condition as you found it, except for ordinary wear and tear. An exit room condition report will go a long way in establishing the relevant facts in the event there is a dispute later. Be thorough, and don’t forget to document the condition of the exterior of the premises and surrounding grounds if you rented a house. Ask your landlord to inspect the premises before you leave. If you do so early enough, you may have time to make final repairs and cleaning that will save you damage charges in the future.

If you abandon old furniture and/or other more quaint collectables in your apartment, you may be responsible for the costs of their removal. Check with your landlord to see if there is any problem with your stacking the items in question in or near the dwelling’s dumpster, if there is one. If the landlord has not contracted with a private pick-up firm, presumably the city rubbish service is available. The City will pick up a wide variety of large items, excluding automobile parts, on its Thursday-Friday run, provided the items are properly packaged or bundled. Refrigerators and freezers must have their doors removed. If neither of these options is available, you can contract directly with DeKalb County Disposal or other companies for special pick-up.

Other tried and true methods of establishing the condition of premises at the point of departure include taking pictures of areas of damage—include items you believe you are not responsible for as well as items you believe you may be held liable for. Also request a reliable person whom you could later call as a witness to inspect the premises after you’ve cleaned it. Obviously, keep a copy of your room condition report, lease, cancelled checks and other receipts of rent payments.

Depending on the agreement you have reached with your sublessees or the landlord, you should promptly transfer or terminate your utility service. Don’t assume that your landlord or the subsequent tenants will do this for you. Finally, be sure to leave your forwarding address with your landlord, requesting him or her to forward your security deposit to you per your instructions.

II. Subletting. Successful subletting involves good judgment, hard work and an element of good luck. It is ordinarily of mutual benefit to the sublessor (the original tenant) and the sublessee that their agreement be set down in writing and, where the lease specifies, approved by the landlord. The landlord might charge a fee for his administrative costs; check the lease to see if this is permitted. Sublease forms are available in the Students’ Legal Assistance Office as is a sheet of instructions for filling out the form.

Basic matters which the parties need to address include rent terms, posting of a security deposit if any, transference of utilities into the name of the sublessee, the use of property left by the sublessor for the use of the sublessee. A copy of the original lease should be provided to the sublessee so that he or she will be aware of the rules and regulations he or she will be subject to during the sublease. Again, both parties should keep copies of the sublease, receipts for deposit, rent, etc.

III. Address changes. A myriad of problems can arise merely from failing to inform people you do business with, magazine publishers, etc., that you have changed your address. Under Illinois law, you have ten days to notify the Secretary of State’s office that you have changed your address for the one listed on your driver’s license. This is important because license plate and driver’s license renewal applications and notices of suspensions are sent to the address listed on your license; the fact that you never received actual notice of suspension or license renewal because you moved is not a defense to violations of law you may have committed in these situations.