Renters must be aware of their rights, or pay the price
January 22, 2007
Finding a good place to live is a common struggle. Homeowners seek better homes, immigrants seek a better life and right now, many NIU students seek better apartments. Each group seeks a good deal and fair treatment, the same as people did a hundred years ago, when Upton Sinclair wrote “The Jungle,” based on non-fictitious trials and tribulations of the working class. In it, he revealed many unscrupulous practices, some of which remain today.
His main character, Jurgis, faces many hardships. For example, his brand new rent-to-own house needs major repairs after only a few months. He cannot pay to fix the holes in his roof, even through winter. He spends a month in jail, and returns to find his home magically repaired and painted. Then he sees its new owners, who believe they just bought a brand new house.
Property laws have come a long way since Sinclair’s time. Many municipalities prevent interruption of utilities by landlords. The city of Urbana prohibits using a tenant’s security deposit to pay for paint beyond normal wear.
Although community standards may differ, Don Henderson, director of NIU Students’ Legal Assistance, said a lease is a contract, and usually the terms that you sign are binding upon you. An apartment with poor insulation, flaky drywall, chlorinated water and frozen pipes that wake you up at night is still your apartment, and you owe rent on it, even if you never saw these flaws during the showing, and even if you decide to move out early.
Henderson said a lease might also mean you agree to pay fees for parties of 10 or more, large amounts of alcohol or noise, and the landlord can charge all of these fees for one occurrence of a group of 10 drinking a 24-pack of Coors and playing X-Box karaoke.
The reason for these fines is that parties can cause damage beyond the security deposit, and a proprietor might not ascertain the cost until months after the tenant leaves.
The real issue, however, is when a tenant pays $575 in fees for one party, and then, after moving, gets tagged with $200 for cleaning, which could just be for dusting the windowsill. This can happen at an apartment that is in the exact same condition as it was when it was first rented. The security deposit covers this, and some leases have a built-in automatic charge for carpet cleaning, whether the carpet needs it or not.
Henderson said although security deposits are a “central area” of cases in his office, security deposits are often surrendered by students who feel they have no chance to win. He said many disputes can and do end with an out-of-court settlement when a landlord is caught red-handed, but most students don’t realize it.
This is because a judge might consider some fees unreasonable, especially if a tenant has photos or documentation. The income from tenants who do not challenge certainly covers the cost of a single settlement. Perhaps if a judge saw these cases every day, it might signify that something was wrong, but a settlement prevents cases from ever appearing in court.
Of course, this income stream might be justified, considering the behavior of some students. This weekend, a party I witnessed in Eco Park featured a hallway of stains, beer bottles and a pizza that must have been thrown against the wall, now a mushy mess all over the stairwell.
Who pays for that? No single source can be determined, and so either a landlord raises rent, or charges $250 for parties of 10. Raising rent is not likely to happen, since other landlords would keep their rent at the market price. There is not much more a landlord can do.
Then again, landlord and developer Jim Mason told the Northern Star last week that he “may build two or three hundred more” units. The funds must come from somewhere, and a typical lease with Mason Properties contains 25 pages with various fines and fees.
Keep in mind that Mason Properties is not the only landlord to use protectionist measures to cover the cost of reckless behavior by students who don’t pay property taxes, and don’t contribute to the local economy beyond consuming basic amenities. You can learn about these if you read your lease before you sign.
However, landlords should not get away with unreasonable fees charged to a tenant who party responsibly, moderately and legally. Call your alderman if you are registered to vote here. Call NIU Students’ Legal Assistance to review a lease before you sign. It’s free if you pay student fees, but the office can only help if you use it.
Seek remedy if you feel that a landlord is ripping you off for exercising your right to live a moderate lifestyle. As the Beastie Boys once said, “You gotta fight for your right to party.”