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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Oct. 25, 1977)
i Page 8 THE BATTALION TUESDAY. OCTOBER 25. 1977 STUDENT GOVERNMENT ACADEMIC AFFAIRS COMMITTEE WILL MEET 8:00 P.M. WEDNESDAY CONFERENCE ROOM, STUDENT PROGRAMS OFFICE, MSC EVERYONE WELCOME sensuous elegant lingerie.. N. oft Touch 707 Texas suite 128c 11 11TTTTTTTTTTTT?fT More Of A Good Thing HAPPY HOUR 5 p.m. to 7 p.m. Monday Thru Friday Call any weekday during the dinner hours and have a piping hot pizza delivered to your door — at these discounted prices!!! M o° V Vn (No coupons accepted during Happy Hour, please.) 846-7785 1111 I'T'W T1I1MMTT M H M £ Off-campus living Rental security deposits—3 fates possibli This article is the second in a se ries focusing on the landlord-tenant relationship. Subsequent articles will cover: repairs, subletting, roommates, raising rent and forums for complaints. By CHRIS KLING Student Legal Advisor To paraphrase a football adage: “When you put up a security depo sit three things can happen and two of them are bad. ’’ First, the security deposit is returned in full to the student-tenant. Second, the land lord returns a portion of the security deposit to the student-tenant and retains a portion. Third, the land lord retains the full security deposit. By definition, a security deposit is any deposit of money, regardless of amount, which is used to secure full or partial performance of a rental agreement for a residential prem ises. Virtually every apartment complex requires a security deposit. Sun Theatres 333 University 846-9808 The only movie in town Double-Feature Every Week Open 10 am - 2 am Mon-Sat 12 Noon - 12 Midnight Sun No one under 18 Escorted Ladies Free BOOK STORE & 25c PEEP SHOWS Texas A&M — Town Hall Presents Special Attraction #3 Michael Murphey with Kenny Rankin Friday, October 28 8:00 p.m. G. Rollie White Coliseum General Admission Tickets Still Available Tickets: General Admission Reserved A8tM Students/Date $2.25 $3.75-$4.25 General Public $3.00 $3.75-$4.25 Tickets & iniormation at MSC Box Office 845-2916. m/c University Flower & Gift Shop Order Your Aggie Mum Now Come In And Pick From Our Selection of Samples Hallmark Cards Candles — Roses & Other Fresh Flowers We Back The Aggies Call or come by 1049 Texas - Next to Sambo's 845-8546 We Wire Flowers Anywhere ATTENTION FRESHMEN AND SOPHOMORES You Must Select Your Yearbook Picture Before NOV. 10th irker lotogrophy The requirements, conditions and amount of deposit are governed either by a series of clauses in the rental contract/lease or by a sepa rate security deposit agreement. By affixing his signature to a rental con tract/lease and security deposit agreement, the student-tenant is legally bound by the terms and con ditions of those agreements. The typical requirements for return of a security deposit include: (1) Occupancy by the student- tenant for the full term of the lease (usually 9 to 12 months); (2) Written notice at least 30 days prior to the termination date of the lease (note: the student- tenant will forfeit the deposit by failing to give 30 days written notice only if the requirement of advance notice is underlined or printed in conspicuous, bold print in the rental contract/lease); (3) The student-tenant has left a forwarding address with the land lord; (4) The apartment has been cleaned in accordance with the landlord’s move-out cleaning in structions; and (5) Full payment of all rent due under the terms of the rental con tract/lease. If a student-tenant fully complies with all the requirements and condi tions of the security deposit agree ment, he is then entitled to have his security deposit returned in full. The landlord is required by law to either refund that security deposit within 30 days after the student- tenant surrenders the premises or furnish the student-tenant with a written, itemized list of all deduc tions within the same period. When only a portion of the secu rity deposit is returned to the student-tenant a question arises concerning the justification for the deduction. Generally, a landlord may make the following deductions from the security deposit: (1) Reasonable cleaning charges if the student-tenant failed to ade quately clean the premises; (2) A fixed cleaning charge, gen erally for a commercial shampoo of the carpet; (3) Charges for unpaid sums due under the rental contract/lease, in cluding rent, late payment fee, re turned check fee, unreturned key fee, insufficient light bulb fee, etc. While a landlord is prohibited from deducting any amount for rea sonable wear and tear, he may de duct for any damage resulting from carelessness, accident or abuse. Reasonable cleaning charges are generally subjective decisions ol the landlord, motivated more by whim and caprice than by reason. When a landlord determines that a deduction is appropriate he is re quired to return to the student- tenant the balance of the security deposit with a written description and itemized list of deduction. Finally, when the landlord retains the full security deposit, two princi pal questions arise, i.e. why the re tention and what future liability exists for the student-tenantP Vari ous explanations exist for retention of the full amount of the security deposit. More frequently than necessary the owner, or his repre sentative, the manager, has for one reason or another neglected to re turn the security deposit.In this situation a reminder from the student-tenant is the solution. However, a landlord may determine that just cause exists for retention of the security deposit. In this situa tion he may or may not furnish the written description and itemized list of deductions as required. If the landlord furnishes the list, the student-tenant may feel the deduc tions are unjustified for any of a va riety of reasons. At this point the student-tenant is well-advised to contact the landlord in person or by letter and present his objectioim the deductions. If a satisfactory lution cannot be reached thi open discussion, the student-;, may then institute formal legal ceedings for a determination o(i justification for the deductions. It should be remembered tb a multiple occupant situation occupant is responsible for the dition of the* premises. If the landlord retains the amount of the security deposit fails to provide the student-tei with a written description itemized list of deductions, he., jects himself to a potential lawsi recover the security deposit.! such a lawsuit the landlord is to the student-tenant for theairm of the security deposit plus reasi able attorney’s fees incurred shown that the landlord actedinli faith in retaining the security d sit, he becomes liable for amount of the security deposit] bled, plus a .$100 penalty, pin sonable attorney’s fees. The student-tenant must r nize that potential liability inen of the amount of the security dq exists. A clause explaining thisli: ity is frequently included i the rental contract/lease or seem deposit agreement. Such a clausei present in the TAA security de| agreement. However, the exists even in the absence of clause. Library to award $800-plus prizes Student book collectors have until Friday to enter the fifth Texas A&M University Libraries’ contest. More than $800 in prizes will be awarded Nov. 11 in the Friends of the Library event. The contest is open to all stu dents enrolled at Texas A&M for the fall semester, previous $100 winners excluded. Collections will be judged to the extent their books represent a well-defined field of interest in which the owner has chosen to collect. An entry consists of a com pleted entry form, a bibliog raphy, and a statement descntJ ing the collection. Studenll whose collections are namdl finalists by judges will he asn| to bring 25 titles they havei sen for final judging. \Vinnk| collections will be exhibited. n Entries should he turned inti a member of the contest commit l tee. Chaired by David Chapin| in Archives, the committee eludes Dr. Irene Hoadley, diretl tor of libraries; Linda Dreier.st l rials acquisitions; Evelyn Kinjl special collections, and Sharoi| E. Smith, serials department. ,natty P riced at $14 88 sq yd By D; Both the Ivomen’s w at |ournaments The Aggit (lie Loyola ] I" their at CAA toun beat Westt Southern 111 Jfeated by 1, jli-ll and b; (Chicago Cir Aggie cor Ibis team w |the NCAA We play I said. \ Ve j H the team We kno ber team; |i»st played land we did j I Li \\ide s rubb® 1 W u ' C idrnsuytta^ Via* »< ml toujours by Junior S [tbe team, ; "We felt I times, hut S° in g.” H. better at [year we si | team again Fosdiek I P°or passii Nan-down Main prob tion occur: | Joses a p] specified 1 a luxurious Saxony plush featuring Antron III nylon It you look tor beauty and luxury in a carpet. . . but insist on durability, easy care and a very affordable price . . . look no further. ig t now we re teaturing Toujours by Karastan. Its plush surface is thick with Saxony nylon yams of Antron III nylon. The yams are carefully heat-set so that every tuft is defined in a rich pebbly texture. And because Antron III is the modem soil-concealing nylon engineered for wear and static-control, you can look forward to long-term beauty and comfort. At this budget-saving price, Toujours by Karastan is truly a remarkable value. Choose from 22 fashion colors. DON T JUST BUY A CARPET. INVEST IN KARASTAN! SUINNYLAND CENTER 1702 S. Texas - Bryan