For many students, a first apartment fulfills a long-held desire for independence. Escaping the supervision of the dorms, they long for a place they can finally call their own. But for some, the freedom of their first apartment is marred—because the independence of apartment life also means they bear responsibility, legal and financial, when dealing with landlords.
At the same time, a potential asset for students sits mostly unused.Of the UI’s 29,000 students, Student Legal Services serves only 1,300 of them every year, and not all complaints stem from landlord-tenant disputes.
“It’s free coverage,” said Greg Bal, the attorney who leads University of Iowa Student Legal Services. Bal added that not many students enlist his group’s help before signing a lease; they mostly ask for help only after encountering problems.
“A lot of landlords, not all, try to do whatever they can to take advantage of students’ lack of knowledge of the law,” he added
Bal said sometimes landlords hurt students through what he called “unconscionable provisions” in leasing contracts, like clauses that put an unreasonable amount of liability on renters for damage done to property. An example Bal gave was if a passer-by threw something through an apartment’s window, clauses exist in some leases that make renters liable.
Provisions like this are illegal, Bal said, and could be eliminated if a student brought their lease to Student Legal Services before signing it.
SLS can help students most effectively by examining leases before renters sign them, he said. But once a student signs a lease, it is difficult to absolve students of their responsibility, he added.
But once a student enters a contract they believe is unfair, SLS might still be able to help, by assisting them in drafting letters of complaint to landlords, or by educating them about what their real rights are.
If a provision is illegal, it still may be possible for a tenant to escape their obligation to it, even if it’s part of a contract they agreed to, Bal said.
Even while students have Student Legal Services’ help available to them, they still must be vigilant.
“Some landlords lie to tenants,” Bal said, mostly to convince tenants they hold more liability than they actually do.
Lindsey Walters, a senior journalism major at the University of Iowa, said Student Legal Services helped her avoid getting ripped off by a landlord.
“They helped us a lot,” Walters said about her and her roommates. After a tornado severely damaged her apartment in April 2006, their landlord told them to continue to live in the apartment, which had a tarp in lieu of a roof.
Walters said that Student Legal Services helped them file complaints in small claims court to get their deposits back.
Student Legal Services can also help students draft complaints to landlords if a student thinks a landlord is not fulfilling the obligations outlined in the lease, Bal said. He added while there are no guarantees of whether such a letter can be effective in convincing a landlord to act a certain way, a well-written letter is far better than other alternatives, like accepting a landlord’s instructions.
But Bal said many renters are wronged before any paperwork is involved. In what he called a “bait and switch” practice, he said some renters agree to a lease before even seeing the space they’ll inhabit for a year or more.
Even though a landlord may assure a potential renter that the show space is similar to the one the renter will live in, differences sometimes exist, he added.
Students should ask to see the same space they’ll be living in, Bal said.
Bal also said the intricacies of real estate law offer renters advantages about which they might not know. For example, if a landlord fails to pay back a deposit 30 days after the end of a lease, the tenant is entitled to 100 percent of the deposit, regardless of damage done to the space. But to take advantage of this technicality, a tenant must provide a forwarding address to the landlord.
Bal said students must take other steps toward protecting themselves from being wronged by a landlord, like inspecting the apartment before moving any of their possessions into the rented space. Checklists for inspections are available at Student Legal Services.
“Take pictures, find every little thing,” he said.