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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (Aug. 28, 1978)
Paqe 4B THE BATTALION 9 MONDAY, AUGUST 28, 1978 Apartment Leases Tenants warned to beware of oral contracts with owner Editor’s note: The following ar ticle was prepared by the Uni versity legal advisor’s office. It appeared in the Battalion some months ago and is reprinted here to aid students living off campus. For many students the new academic year marks the beginning or continuation of off-campus living. Present campus housing facilities accommodate approximately one- third of the Texas A&M University students. Thus, a large percentage of the student body resides in off- campus facilities and is confronted by a maze of legal perplexities. Al though the student who is a tenant enjoys no exceptional consideration in the eyes of the law, the student- tenant does encounter unique prob lems. The owners (lessors) of virtually every type of student housing in the Bryan-College Station area require some type of written document evidencing their agreement with the student-tenant. This written document is variously described as a lease, contract, rental contract or lease agreement. Toothful image United Press International Farrah Fawcett-Majors, in com missioning a personal portrait from jetset artist Richard Bernstein, who has painted the likes of Rudolf Val entino, Margo Hemmingway, Mick Jagger, Liza Minnelli and Grace Jones in his day: “I want something completely different from my public image — no teeth.” In addition, many owners require the student-tenant to sign a separate security deposit agreement. While the nomenclature of the documents is relatively unimportant, the con tents are not. “Rental contract-lease” describes that written instrument that specifies the length of occupancy, amount of monthly rent, owner ob ligations and tenant responsibilities. “Security deposit agreement” will denote the written document which details the amount of security depo sit, conditions for refund and proce dures for refund. It is important for the student- tenant to read and understand the contents of any document before signing it. Once a signature is af fixed to the rental contract-lease the student-tenant is legally bound and obligated to the terms and condi tions of the document. Full under standing of legal rights, duties and obligations can avoid future prob lems. It is imperative that the student- tenant read the rental contract-lease and security deposit agreement and then ask questions about or change any clause not desired. The student-tenant should be wary of any verbal promises or commit ments. Most rental contract-leases, including the Texas Apartment As sociation standard lease, contain a clause which recites that the writing constitutes the entire agreement be tween the parties, no oral agree ments have been entered into, and the written agreement cannot be modified unless the modification is in writing. For example, an oral promise by the owner to repaint the premises, provide vacuum cleaners, build tennis courts, etc., cannot be enforced. The breach of such a promise is not adequate cause for vacating the premises in violation of the rental contract-lease, without considerable legal hassle. The chain of managerial responsi bility for rental property is confus ing. Buck-passing of this responsi bility is done at all levels of man agement. Furthermore, in the Bryan-College Station area a large percentage of the rental property is owned by out-of-town corporations. Managers are responsible to the owners of rental property although a manager can be owner and vice versa. The term “landlord” fre quently is used to describe both the manager and owner, although the Texas legislature uses “landlord” to describe only an owner. The owner is ultimately responsible to the student-tenant, with the manager acting as an agent. Non-resident ownership aggra vates the problem when a student- tenant disagrees with a policy deci sion made by the owner, and de tailed in the rental contract-lease, or its application by the resident man ager. The law surrounding the landlord-tenant relationship is com plex. Much of it is in favor of the owners of rental property. In the tight housing market pre valent today, the student-tenant must be aware of his rights as well as his responsibilities. Sign leases, check rental poke to avoid owner-tenant dispute a -w-rw a i . .j* .i- ..e oft' orroicf ilYiruirtrint cliiusp to look for; By FLA VIA KRONE Battalion Campus Editor Weeks of combing the “For Rent” ads have finally landed you the perfect apartment, dup lex, house or mobile home. So sign the lease and move on in, right? Wrong. Signing a lease without fully understanding all of its clauses and conditions can saddle you with a set of legally binding obligations that you may not want to or cannot fulfill. Although many area leases are similar, since many Bryan-College Station landlords use the standard Texas Apartment Association lease, no two rental agreements are exactly alike, former student attorney Eugene Lyles said. In general, a lease is a legal contract between landlord and tenant that specifies the rent and length of time a tenant may occupy the prem ises to be rented. But leases also specify many other regulations and mutual agreements be tween landlord and tenant. Leases can be oral or written. An oral lease is legally binding, but it may be difficult to prove any contract provisions should a landlord- tenant dispute arise, Lyles said. Oral leases run from month to month provided the rent is paid monthly, Lyles said. However, an oral lease means the rent can be raised or the tenant evicted after 30-days notice. To avoid the hazards inherent in an oral agreement, many students sign long-term pleases. Brenda Rees, assistant student de- velopment coordinator, warns students against signing a 12-month lease. “Don’t sign a 12-month lease if you or any roommates will not be around next summer,” Rees said. “The enrollment during the summer drops way down and the chances of finding someone to sublease an apartment are slim. The “Off-Campus Survival Manual," pub lished by the Department of Student Affairs, contains several tips on signing least's. Before signing a lease make sure that all of the follow ing clauses are included: — The name and address of the manager. — A description or address of the place re nted including the equipment and furnishings of the building that you can use. — The term of agreement with precise be ginning and ending dates. — The amount of rent, how it is to be paid, and the date it is due. — The amount of security deposit and condi tions for refund. — Requirements for terminating the con tract. (Must the entire term be fulfilled and 30-days notice given?) — Alterations. (Can you hang pictures, build shelves, or have plants?) — Who is responsible for maintenance and repairs? Some landlords require the tenant to pay for minor repairs. — What kind of parking facilities are availa ble? — Who pays the utilities? — What are the provisions for sub-letting? Another important clause to lookfons “joint-and-several clause, said Lyles ] clause makes each roommate liable foy share of the rent plus a roommate’s port) the roommate does not pay his share orlf before the lease expires. Lyles said that many students donotre that they can try to change a lease before ing it. There art* several common leaseclr which students may consider unacceptable eluding: — Manager or representative mayei premises at any time without notice. — Manager may re-let the apartment out notice. — Tenant is liable for attorney’s fees j litigations arising from the lease contract, eluding defense of the landlord. — Tenant agrees to abide by all rules regulations made after the lease is signed — Landlord is not liable for any injury tenant, family or guest as a result ofanyi — Tenant waives any defects in thebuilc — Tenant is liable for all repairs tothepn ises. To change the lease, scratch out the ceptable clause, making sure that both you the landlord agree, and be sure that and the landlord initial the change. "Any change or addition that the agrees to should be placed in writing, and signed, Rees said. "Even a simplerej should be accompanied by a carhon-copycf work ordt Who makes the repairs? Lease classifies responsibilities MAM A 9 S PIZZA 807 TEXAS AVE. Welcome Home Aggies, We Missed You!” Our Pizza Menu Expanded to Include Lasagna & Spaghetti Dinners FREE DELIVERY - 846-3380 Cozy Pizzeria Atmosphere 11 A.M. - 12 P.M. SUN-THURS. ’TIL 1 A.M. FRI. & SAT. Editor’s note: The following ar ticle was prepared by the Uni versity student legal advisor’s of fice and has previously ap peared in the Battalion. The air conditioner is out. The dishwasher gushes like Of Faithful. And the light fixture just descended upon the dining table. Who is responsible for making these very necessary repairs? As with most problems encountered by the student-tenant the rental contract-lease holds the answer. Many rental contract-leases utilized in the Bryan-College Sta tion area, including the standard Texas Apartment Association (TAA) rental contract-lease, contain a clause which states that the owner will: (1) keep all common areas in a clean condition; (2) provide appro priate receptacles for garbage; (3) properly maintain hot water, heat ing and-or air conditioning equip ment; (4) comply with all state and local laws (NOTE: this provision would include city building codes), and (5) make all reasonable repairs. If the rental contract-lease signed by the student-tenant contains such a clause, the owner is obligated to Dedicated to the woman who s not snowed by what everyone else is doing, but involved in what she can do. b'i yiSi / fpf 1 x . T. y . ,. co I , . J t-\ a Cliarli V» < ,, 707 texas repair the air conditioner and light fixture. Frequently, the same clause of the rental con tract-lease provides that the student-tenant may termi nate the rental contract-lease under the following conditions: (a) if the owner has not attempted to make the repairs within a reasonable period of time after being requested to do so, and, (b) if the owner has not attempted to do so within one week after receiving written notice of the student-tenant’s intention to terminate unless the repairs are made. Thus, the owner has a reasonable period of time, plus one week, to make the repairs. The length of time constituting a “reasonable period of time” within which to make repairs depends on the nature of the repair, availability of necessary parts and repair personnel and the cost of the repair. In the absence of an “owner will repair” clause the owner is not obli gated to repair that portion of the premises over which he has no con trol, i.e. the leased premises. That is, the owner would be obligated to repair only the common areas (laun dry rooms, sidewalks, parking lot, etc.). The landlord-tenant relationship does not obligate the landlord to re pair the premises leased by the student-tenant. In fact, if the rental contract-lease does not contain an “owner will repair” clause, the owner is not obligated to reimburse the student-tenant for repair expen ditures. Furthermore, in Texas a tenant may not withhold or decrease the amount of the rental payments while repairs are being made unless the lease so provides. In some rental contract-leases which do not contain an express “owner will repair clause, such a clause can be implied. This will be implied from the clause which states that the student-tenant will notify the manager of any plumbing, elec trical or mechanical difficulty and the clause which provides that the owner or his agents shall have access to the leased premises to make necessary repairs. An implied “owner will repair clause has the same legal effect as an express clause, i.e., the owner must make all reasonable repairs. Rental contract-leases generally provide that the student-tenant will return the leased premises in good order and condition and prohibits the student-tenant from being charged for resonablc wear and tear. This provision is important with re gard to liability for repair expendi tures. If a piece of furniture or equip ment, device or fixture ceases to function properly under only nor mal use, then the owner bears the burden of repair notwithstanding the absence of an “owner will re pair” clause. For instance, if the re frigerator ceases to function during the sixth month of a 12-month lease, assuming normal and reaonahle use of the appliance, the owner may not charge the student-tenantwii CHI cost of repair of replacement m-ag A comment on improve®! He < the leased premises appean*es c priate. Ws r Suppose a student-tenai ime. paints a room or installs i bookshelves. To whom dotba provements belong? Last V fed M ost rental contract-le_ ^ general use in the Bryan-Gt ^ Station area require thev . r t f consent of the owner or hi sentative before any inipront alterations or modificationSl leased premises can be malt same clause further states ih e An johi mmil bber supei “ land improvements, alteratioai|B ae modifications become a part onal leased premises and \vL , thereon at the terniin^ticmi U( |j n student-tenant's occupancy. Thus, in most Situations student-tenant is not entit move any improvements. In summary , check (held determine whether the o* the duty to repair. If an 'W repair” clause is present,4« responsibility is clear, clause is not present oneM implied from other languagei rental contract-lease, provements to the leased pra made by the student-tenant''^ come the property of the Otra loss the owner consented to tit provements and agreed thf student-tenant would havel of removal. SUnffiLgnn music ©ZAaLL ALL GUITARS STOCKED NOW REDUCED. SHOP NOW!! Quifaits b Alvarez Yamaha Ventura and others. RECONDITIONED PRACTICE PIANOS NOW SPECIALLY PRICED. (LIMITED TIME AND QUANTITIES) KcyboARd Center GUITAR STRINGS AND ACCESSORIES IN STOCK! Manor East MaII Bryan • 779-7080 Randy Stuart, Owner OptN 6 Days Til 6 PM '"SPEED musics BOOKS FOR PIANO, ORGAN, FUN MACHINE & GUITAR.