Students have options when dealing with landlords

by Emily Patterson
Staff Writer

When Ohio University junior Lindsay Maher began moving into to her house for second-session summer classes, she found it covered in cat fur.

"It was in the furniture, in the carpeting, it was everywhere in the house," Maher said.

Maher, who is allergic to cat fur, spent the night in a local hotel. Later, when her landlord would not clean up the fur immediately, and she could not afford to have it cleaned herself, Maher had to drop her summer classes and move home.

Students do not have to accept substandard conditions at their rental properties, said Patrick McGee, a staff attorney for the Center for Student Advocacy.

Because of the short breaks between leases, landlords often rush old tenants out and move the new ones in without cleaning, McGee said. Students who sign leases a year in advance often see the house or apartment in better condition than when they move in.

"Technically the house should be in the same condition that the students saw the house in when he or she signed the lease," McGee said.

The center offers students legal consultation for $5 a quarter, a service they might not be able to afford elsewhere, said John Sammon, a legal assistant at the center.

Housing problems are one the center's main concerns, because many students are not aware of their rights, Sammon said. But students have legal actions available when moving in.

"If you are confronted with a place that is trashed and filthy you can rescind the lease," McGee said. He warned that often a landlord will refund the rent but keep the security deposit, leading the case to small claims court with the student suing to get the money back.

The student could also decide to stay on the property and put the rent money in escrow, meaning the student deposits the money with the court on the condition that it will be given to the landlord once the property is fixed or cleaned.

A third option is for the student to sue for the difference between what he or she paid for and what he or she is actually receiving, McGee said.

Students can call Athens Code Enforcement if they feel that their house is not up to city standards. Code enforcement will document the problems and try to force the landlords to make repairs.

Paul Eschenbacher, a code-enforcement officer, said that the majority of owners do clean their property before new tenants move in, but he often sees missing window screens, garbage in the house and broken appliances.

Eschenbacher recommends notifying the landlord of the complaints directly before involving code enforcement. After code-enforcement officers document a violation, they allow the landlord 30 days to make the repairs.

"Eventually it can wind up with us taking the owner to court," Eschenbacher said.

Kara Cozart, the office manager for Cornwell Rentals, a property owner in Athens, said the company cleans and paints -and shampoos the carpeting - between tenants.

"Most of the students leave the houses in pretty decent condition, but we clean anyway," Cozart said.