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By Susan Albert E-E Business Editor
Many people choose to rent a place to live as an alternative to buying a home. While rental options are many and varied, it is always wise to protect oneself when entering into a lease or rental agreement, which is, after all, a legal and binding contract between a landlord and a tenant.
Glenna Dorris, managing attorney for Legal Aid Services of Bartlesville and Jay, said sometimes just making a point to read and understand the contract will alleviate misunderstandings before they start.
But sometimes, even acting in good faith, problems will arise.
Dorris said common disputes revolve around repair of the home and security deposits.
"There may be electrical or plumbing problems or the landlord may have unfairly kept the security deposit," she said.
Absolutely the most important thing a renter can do to protect himself, said Dorris, is to document every interaction with the landlord. "Explain in writing what the problem is, date it, sign it and make sure to keep a copy," said Dorris. "Any damages that occur or repairs that are needed must be reported in writing."
Just going into a rental agent's office and saying, "This needs to be fixed," is going to be forgotten, she said.
And, if in the end, the landlord and tenant end up in court, the documentation will be necessary to prove the case.
Dewey resident Scott Garrett learned the hard way that renters do have options when it comes to unsatisfactory dealings with a landlord.
Garrett, who recently sued his landlord and won the return of his rental deposit, said there is much a renter should know before signing on the dotted line.
"I went through a very scary experience and plan to do a lot of things differently next time," he said.
Garrett recommends examining the rental property closely for defects before agreeing to the lease.
"I walked through the property but didn't check on things like whether the air conditioning worked or if there was any water pressure," said Garrett about his disputed rental. "I just assumed everything would work fine."
Legal Aid Services, as cited on their Web site, recommends checking the house thoroughly with the landlord and documenting on a checklist any problems that exist prior to the tenant moving in. If the landlord won't accompany the tenant on a walk-through, a friend may do so instead and serve as a witness later, if necessary.
Garrett indicated that he considered himself to be a pretty resourceful guy but he had no idea what his rights were as a renter.
When he and his landlord didn't see eye-to-eye, Garrett scoured the Internet for information on renters' rights and learned about the importance of documentation and following a set period of time for responses.
Garrett said the best thing a renter can do is arm himself with knowledge.
The Legal Aid Web site, www.legalaidok.org provides lots of information concerning renters' rights including an overview of the Residential Landlord-Tenant Act, which provides the legal framework for a lease. Becoming familiar with the act can prove invaluable because, according to Dorris, "any provision in a lease that is in opposition to the Landlord-Tenant Act is not enforceable."
Other resources might be the local library, said Dorris, or the City of Bartlesville offices, if the tenant suspects code violations. Dorris said an inspector will come out and, if there are any violations, the City will contact the landlord.
Legal Aid provides its services free to eligible low-income people and senior citizens with civil legal problems. To determine eligibility, call 1-888-534-5243. Seniors over 60 can call the local office at 918-336-5736.
Dorris said the average renter isn't aware of his rights.
A Legal Aid link to the Oklahoma Bar Association's site answers questions a renter might have regarding how to get his security deposit back or what to do if the landlord does not make repairs.
Security deposits are a common contention between landlord and renter and Dorris said the tenant is entitled to his deposit back minus any deductions for damages beyond normal wear and tear.
"Normal wear and tear means normal wear on carpets, appliances, if provided, and paint. After so many years, carpet will need to be replaced. That is normal wear. But, if pets destroy the carpet, that is not normal wear and tear and neither is purposely damaging things," said Dorris.
What the renter may not realize is that he must request the deposit in writing and it's recommended to do so when the 30-day intent to move notice is provided. Also include the address where the deposit should be sent.
The landlord must then return the deposit within 30 days after the tenant vacates the home or send a list of reasons why he kept part or all of the money.
Dorris said reasons the landlord might keep the deposit include leaving without cleaning the home, broken windows, unrepaired items that weren't reported or pet damages.
However, the tenant is not responsible for any damage to the home that existed prior to move-in day. That is when the walk-through checklist becomes important.
According to the OBA, "The landlord is required to keep all electrical, plumbing, sanitary, heating, ventilation, air-conditioning and other facilities and appliances in good and safe working order." An exception would be a written agreement that states otherwise and is separate from the rental agreement. The landlord is also required by law to state in the lease if he knows that the premises have been flooded within the last five years.
There are several options regarding repair, but all requests to the landlord must be in writing. The tenant may include language that ends the lease if the repairs are not made within 14 days. If the repair will cost less than $100, the renter may indicate in his notice that if the repair is not made within 14 days then the tenant will make the repair and deduct the cost or value from his rent.
If conditions are severe enough to cause an imminent threat to health or safety and is not rectified "as conditions require," the tenant may "give written notice of the problem and end the lease immediately."
Of course, none of these options are available if the tenant or his family or pets caused the damage.
Other alternatives when problems can't be resolved are mediation or Small Claims court.
According to Charles Shipman, who manages the local mediation program, if the mediation is initiated by the parties in dispute voluntarily, the cost is only $5. To contact him, call 918-213-5558. Otherwise, mediation may be required by Small Claims court.
If an agreement still cannot be reached, Small Claims court can be an option. A lawyer is not required and the costs are less expensive than other courts. The disputed amount must be less than $6,000.
Dorris said some people are intimidated by going it alone in a small claims court, but "the small claims are set up that way, fairly informal, and the judge understands that the parties don't have a legal background."
Garrett said it cost him "a couple hundred dollars to file his lawsuit," but he still came out ahead. |