Off-Campus Life Guide
II. Leases
The lease is a legally binding contract between the tenant and the property
owner which spells out the conditions under which housing is rented. Keep
in mind that the lease contract is an agreement between two parties. It
not only includes the responsibilities of the manager or owner, but the
resident's responsibilities as well. If either party does not fulfill the
lease obligations, the other party could decide to take legal action. It
is very important that you fully understand your rights and responsibilities
as outlined in the lease agreement.
A. Types of Leases
B. Clauses to Look for
C. Before You Sign the Lease
D. Breaking the Lease
E. If Problems Arise
A.TYPES OF LEASES
1. Written Leases
A written lease specifically outlines the terms of a tenant/landlord rental
agreement. Once you sign a lease for a set length of time, you and the property
owner are obligated by law to fulfill the lease. Your lease is a financially
binding contract.
READ THE LEASE CAREFULLY- before signing it and know exactly what
is expected of you. Just because you have read one lease does not mean that
you automatically know what is contained in another one.
If you have questions about your lease, bring it to the OCSA office before
signing it. Be sure to keep a copy of the lease after the contract is finalized.
One of the advantages of a written lease is that your rent cannot be raised
during the length of time specified in the agreement unless it contains
a rental escalation clause. Any oral agreements which add to or change the
lease should be written into the lease and initialized by both parties.
You should make sure your lease coincides with the amount of time you wish
to stay. Many landlords will not allow you to break a lease. This means
that if you move out before the lease is up, you will be responsible for
the rent on the remaining portion of the lease.
2. Oral Agreements
Under Arkansas law, a property owner and tenant cannot enter into an oral
lease for a term longer than one year. The major disadvantage of the oral
lease is that, while the tenant is not promising anything in writing, neither
is the owner. This means that the owner can raise the rent with one month's
notice. The property owner is not obligated to make repairs unless it is
verbally agreed that he or she will do so.
Verbal agreements are difficult to prove. If you enter into an oral agreement,
make sure that you have at least one impartial witness to the agreement.
Be sure to clarify arrangements for repairs, subletting, pets, etc. as they
should be handled with a written lease.
B. CLAUSES TO LOOK FOR
The following clauses should be included in your lease. They clarify the
contract and define the rights and responsibilities of you and the property
owner.
DESCRIPTION OF THE PREMISES- including address, apartment number,
furnishings, etc.
TERM OF AGREEMENT- the precise beginning and ending dates of the
lease.
RENT- the amount, how it is to be paid, the date it is due and penalties
for late payment.
SECURITY DEPOSIT- the amount and the condition for refund.
ALTERATION GUIDELINES- whether or not you can build shelves, hang
pictures, etc. Most leases require prior consent of the property owner before
any alterations
REPAIRS AND MAINENANCE- This section of the lease also includes the
procedures for requesting repairs. If the lease contains no provisions relating
to the responsibility for repairs, the tenant is generally considered responsible.
Do not accept the manager's verbal promise if you have a written lease.
In most cases, only that promise which is in writing is legally binding.
UTILITIES- whether you or your property owner pays for electricity,
gas and water.
SUBLEASING OR RE-LEASING- what does it entail?
RULES AND REGULATIONS- what rules does the manager expect you to
obey? What are the consequences of breaking them?
ENTRY- when can the manager enter your apartment, and for what reason?
JOINT LIABILITY- A "jointly and severally liable" clause
means that every one who signs the lease is responsible for the entire rent.
This means that if any of the tenants leave before the lease term expires,
the remaining tenant(s) are still responsible for paying the entire rent.
LANDLORD'S LIEN- If you fail to pay your rent, most leases allow
the property owner to enter your apartment and seize luxury items such as
televsions, radios, cameras, furniture, etc. Such a provision is valid only
if underlined or in bold print in the lease.
RENTAL ESCALATION CLAUSE- Allows the manager to raise the rent during
the lease term. This clause specifies the amount and conditions.
C. BEFORE YOU SIGN THE LEASE
Take note of a few items before you sign your name to the lease:
1. If you intend to live with a roomate, find someone capable and
responsible before signing the lease.
2. An application for rental may be required before you actually
sign the lease. This application will often state whether the deposit is
refundable or not and how to get your deposit back after you move out. Be
sure to make a copy of your rental application and do not sign the application
unless you intend to live in the specified apartment.
3. Read your lease agreement carefully and ask the property manager
to clarify anything which is unclear to you.
4. Do not make oral agreements- Any oral agreement made must be put
in writing in order to be legally binding. For example, if the manager tells
you that certain repairs will be made or that additional furnishings( carpet,
stove, etc.) will be added to your apartment before you move in, make sure
that this is added to the special provisions section of the lease.
5. A security deposit will be required by most managers- this deposit
will offset any damages or unpaid rent. See the LEASES section of this guide
for more information on security deposits.
6. If the apartment allows pets, it is usually required that you
sign a pet agreement. This usually requires an additional deposit. Find
out in advance about any special pet provisions.
MOVE IN COSTS-Your first month in an apartment will be the most expensive.
It is important to plan for the additional money required to get started.
With the utilities installation charges and deposits, phone, cable, rent,
and additional groceries, the move-in cost may amount to over $1,000 if
you are living by yourself. For details on how to Survive these move-in
costs see seperate sections on Security Deposits, Utilities, and Budgeting.
MOVE-IN CONDITION REPORT OR INVENTORY-
1. Within 48 hours of the time you move into the apartment, it is
highly suggested that you complete an inventory which lists the condition
of the property. Such an inventory is one of your best defenses in any dispute
over deductions in your security deposit when you move out. Such a report
should be very detailed. For example, include the number of ice trays, nail
holes or marks in the walls, and the condition of the floors, ceilings,
fixtures, furniture, appliances, etc. Be sure to check security items such
as locks and windows. A copy of such an inventory list can be obtained from
OCSA.
2. Have your manager sign and date the inventory form. Keep a signed
copy for your files.
MOVING OUT- At least 30 days before you plan to move out, notify
the manager in writing. When you are ready to move out, make an appointment
with your manager to jointly inspect the apartment and compare the condition
of the unit with the Move-In Inventory report you completed at the begining
of the lease term. If you feel there may be a discrepancy, you may want
to take photographs to prove the apartment condition.
Be sure to complete a change of address card and return it to the Post Office
nearest you at least 10 days before you move out. Any company that you are
expecting mail from( magazine subscriptions, credit cards, etc.) should
also be notified.
GETTING YOUR SECURITY DEPOSIT BACK- The requirements for return of
your deposit are outlined either in your lease or in the Security Deposit
Agreement. The requirements are usually as follows:
1. You should complete the move-in inventory agreement within 48
hours of moving into the apartment.
2. Occupy the unit for the entire lease term.
3. Give written notice of intent to vacate at least 30 days prior
to the ending date of the lease. Keep a copy which has been signed by the
manager.
4. Clean the apartment in accordance with the manager's move-out
cleaning instructions and keep a copy of the receipt of cost. This may help
you in the future in getting most of your deposit back.
5. Pay all rent in accordance to the terms in the lease.
6. Complete the move-out inventory and walk through the empty, clean,
apartment with your manager.
7. Give the manager your forwarding address in writing. Within 30
days after you vacate the apartment, the manager is required by law to either
refund the security deposit or to furnish you with a written, itemized list
of all the deductions.
D. BREAKING THE LEASE
You may find that you may want to move out before your lease term has ended.
Although your reasons may seem valid to you, moving out before your lease
expires is a breach of contract and the property owner may be entitled to
damages.
It is not fully correct to assume that you only lose your security deposit
if you break your lease. You can be sued for the remaining rent you owe.
If you are unable to pay your debt, a judgement may be filed against you
which lasts 10 years and is renewable for another 10 years. This means that
certain personal property you acquire during this period can be used for
payment of the damages. A judgement on your record can prevent you from
obtaining loans and other credit or result in a jail sentence. Many apartment
managers and property owners report residents who break their leases to
the local Credit Bureau. This could have impact on your future ability to
obtain credit.
If it is necessary for you to move out, there are several things you can
try to do to lessen the damage of breaking the lease and thus reduce future
risks. These are as follows:
1. negotiating
2. subleasing
3. re-leasing
NEGOTIATE- It may be possible for you to negotiate with the property
owner to allow you to terminate the lease. If you and your property owner
reach an agreement, make sure that the agreement is in writing and signed
by both parties.
SUBLEASE- A sublease is an agreement in which you rent your apartment
to another person with the property owner's permission. Before you consider
this alternative, be sure to ask your manager if he/she will allow subleasing.
Some managers may not. According to a sublease, you become a sub-manager;
you are still responsible for the apartment including damages and rent.
You are not entitled to recieve your security deposit until your lease term
ends.
RE-LEASE- In a re-lease, you are responsible for finding a person
who is willing to lease the apartment. An agreement is made by all parties
which states you are no longer liable for the apartment. A new lease is
created between the new tenant and the property owner which terminates your
lease. If you found the replacement, then you are entitled to have your
security deposit refunded.
If you or your roomate move out during the lease term, both of you are jointly
liable for the entire rent due. Because of this "joint liability"
for rent that roomates share, the manager may choose to pursue one or both
romates for the rent due. The manager will usually pursue the roomate or
roomates still remaining in the apartment. This is why it is important that
you find responsible roomates.
If your roomate should move out during the lease term there are several
options:
1. Find someone else to move in with you.
2. Filing suit against the roomate who move out through the Small
Claims Court( if $3,000 or less).
3. If you and your roomate(s) are having difficulties which can be
resolved through a compromise, a mutual agreement may be reached with the
help of OCSA. Many times an impartial third party can assist with alternatives.
CHANGING THE LEASE- Before you sign a lease you should know that
it may be changed by negotiating with your landlord. All changes should
be written in the lease and initialed by you and your manager.
Be certain that changes on all copies of the lease are done in ink and that
all parties have initialed the changes. If you and your manager should agree
to make any changes in your lease after you sign the lease. This written
agreement should be dated and signed by both you and the property owner.
Be sure to keep a copy for your files.
E. IF PROBLEMS ARISE
REPAIRS- Your lease should contain a clause which includes repairs
and maintenance. The lease will state what responsibilities, if any, the
owner will assume concerning repairs and maintenance. Not all leases require
the property owner to make ordinary repairs. Most leases containing repair
clauses require that the following steps be taken to request that repairs
be made:
1. Give your property owner a written notice. A work order filled
out by the manager is not sufficient. Write a letter requesting that repairs
be made. Make a duplicate copy and have the manager sign both copies. Be
sure to keep one copy for your files. If the manager refuses to sign the
request for repairs, send the notice by certified mail. This costs about
$3.00 at the post office and includes a returned receipt showing that the
manager recieved the notice.
2. Wait a reasonable time. Reasonable time depends on the nature
of the repair. A clogged toilet would be easier and more quickly repaired
than a broken dishwasher knob.
Repairs requested at peak move-in times will require more time than other
periods of the semester. Holidays should also be considered when defining
"reasonable time". On the average, 5 to 7 working days should
be sufficient as long as regular maintenance personnel can do the work.
3. Submit a second written notice if repairs have not been made within
a reasonable time. Again, have the manager sign both copies and keep a dated
copy for your files. In your second notice, indicate that you may consider
terminating your lease or making a complaint to the housing inspector if
repairs are not completed within one weeks time ( this time period may vary
from lease to lease).
You cannot force the management to make repairs, your only alternative if
repairs are not made could be to move, if the lease gives you this option.
You cannot legally withhold rent because repairs are not made. In some cases,
you may negotiate a rent reduction agreement with your manager. The law
implies a warranty by the property owner that the apartment or house will
be habitable. This means that the property owner must make any repairs that
would ensure the safety or health of the average tenant. The law provides
a procedure for requesting repairs and gives a tenant specific rights in
court against the property owner if repairs are not made.
Security Deposit
If you have fulfilled the conditions for the return of your security deposit,
then your manager is required to refund your security deposit within 30
days after you vacate or to provide you with a written itemized list of
the deductions. If you do not recieve such information within 30 days, contact
your property owner to see if there was a simple oversight. If you do not
agree with the property owner's deductions, discuss the issue with the property
owner. If the discrepancy is still unresolved, seek legal advice. Remember,
your security deposit is not intended to cover your past due rent.
Rent Incresases
Some leases contain a clause which allows rent increases during the lease
term. Many leases containing such a clause require that the management give
you 30 days written notice before any increase can occur. If your lease
does not contain such a clause, then only when your lease expires can the
management raise the rent. If you remain in the apartment after the end
of your lease, it automatically becomes a month-to-month. This means that
your manager can raise the rent if 30 days written notice is given. A few
leases require that you either move at the end of the lease term or sign
a new lease. If you live in an apartment where the manager pays any or all
of the utilities, your lease may contain a provision allowing the manager
to add a utility charge to your rent during the lease term to compensate
for the rising cost of electricity and gas. If you have questions about
the necessity of such a charge, ask your manager for appropriate proof or
justification.
Eviction
A property owner may evict a tenant for violation of conditions specified
in the lease, destruction of property well beyond normal wear and tear,
and for non-payment of rent. The manager must give the tenant 1-3 days written
notice ( depending on the lease) of his/her intent to evict. If the tenant
refuses to move, the manager may file an eviction lawsuit in the Justice
of the Peace Court to forcibly evict the tenant. An eviction requires that
you be given legal notice and an opportunity to appear in court.
How To File A Complaint
If you encounter problems with your manager or property owner, you may file
a complaint with the Off-Campus Student's Association.
OCSA maintains a Resident Reaction File for people to examine when they
are looking for housing. This is an avenue through which renters may inform
other renters of their living experiences. By filing a complaint, you can
help other renters become informed consumers.
You may also file a complaint with the Fayettevile City Inspection Dept.
( 575-8233) or (575-8229) if you believe that a condition violates any health
code standard, state law or city ordinance.
Small Claims Court
The most valuable judicial process open to you for tenant/landlord or roomate
conflicts is the Small Claims Court. In these courts you do not need a lawyer
to speak for you, both parties present their case informally to the judge
who acts as a mediator.
Small Claims Court handles claims up to $3,000. If you have a claim greater
than $3,000 contact OCSA for filing information. To begin the suit proceedings,
yiou must file a petition in the office listed below:
Fayetteville Municipal Court
100B West Rock
Fayetteville, AR 72701
(501) 587-3591
The filing fee for Small Claims Court varies depending on the amount of
the claim and service required. Small Claims Court fees start at $25.00,
and an addition charge is added depending on how you choose to have the
summons served.
THE LEGAL CLINIC
The Legal Clinic is the office which provides legal advice and counceling
on all misdemeanor criminal cases. Some examples are: assault and battery,
hot checks, and DWI. To make an appointment, call the office at 575-3056.
THE OZARK LEGAL SERVICE
If you fit within the federal poverty guidelines, you may be eligible for
help from the Ozark Legal Service. Located at 26 East Center, Ozark Legal
Service deals with civil cases such as custody issues, tenant/landlord disputes,
emergency divorces, etc. For more information or to set up an appointment,
call442-0600 between 8:30 a.m. and 5:00 p.m. Monday through Friday.
If you need a referral to a lawyer in your area, you can call the Arkansas
Bar Association in Little Rock at 1-800-482-9405.
ROOMMATE AND PERSONAL CONFLICTS
A frequent problem arising between roomates is when one roomate moves out
leaving the other responsible for the entire rent. Legal issues reguarding
this matter have been discussed on previous pages. The easiest way to deal
with roomate conflicts is to communicate with one another and to discuss
possible solutions and alternatives to the situation.
If you have a problem with your roomate, come to OCSA's office. We will
assist you in exploring ways to deal with the situation. An unbiased third
party can often mediate a solution which is acceptable to both roommates.
If you are the one who decides to move out, communicate your intentions
to your roomate. You should make every effort to find a suitable replacement.
If you cannot find someone to take your place, attempt to negotiate a financial
settlement with your roomate. Remember, if your roomate cannot afford the
rent and moves out, all parties on the lease can be sued by the property
owner for the remaining rent owed in the lease term.
Personal problems can cause roomate conflicts. If you or your roomate are
having difficulty with grades, choosing a major, family or personal relationships,
the individual stress will also strain the roomate relationship. The student
Counseling Service may be of assistance in these situations.
North-West Arkansas Apartment Guide
***All information contained in this guide was supplied by the listed
apartment complexes. While all efforts have been made to provide accurate
and current information, no garentee is given with regard to the accuracy
of the material contained herein.***
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Last Updated August 23, 1996
Off-Campus Survival Manual
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