2008 Woodie Awards
Wise up before signing dotted line
Students eager to sign a lease may be left dissapointed
By: Amy Swanson
Issue date: 11/9/06 Section: Opinion/Editorial
- Page 1 of 1
Initial here. Initial there. Sign there. Date there. Sound familiar? Millions of college students venture off campus each school year to live on their own away from incoming freshmen, resident assistants and rules. But it is not always all it's cracked up to be. Case in point: my first off-campus apartment during the 2005-2006 school year.
My roommate and I decided to move off campus for our senior year at Webster to cut costs and hopefully gain more living space.
Our first mistake was renting from someone we weren't very comfortable with. It was obvious to us he was unorganized, irrational and a little strange. We just wanted to be done searching for an apartments, we were willing to rent from anyone. So we signed a lease from August 2005 to May 2006. We thought if we paid the rent on time every month, there wouldn't be any problems.
We were wrong. In September, a month after we moved in, I received a knock on the door. It was our landlord and two other people. He informed me they were the new owners. The visit triggered a warning signal in my head and I wondered who would buy an apartment complex sight unseen.
At first, it seemed the only thing that changed was where we sent our rent check each month. Then in November, we received a letter from the new owners stating our lease was null and void and we would have to sign a new one with them or rent from month-to-month. I didn't understand why our lease wasn't valid anymore, and the letter didn't explain why nor would they tell me over the phone.
Through my own investigation at the public library, I discovered an appalling loophole in the system. One in which the renter is left at the mercy of the landlord. The law stated that in the case of a foreclosure, a lease signed prior to the foreclosure is invalid.
After I looked up my former landlord in the phone book and asked him point blank if the property had been foreclosed, I found my answer. Therefore, the new owners could have kicked us out with 60 days notice, torn down the building and built a parking lot if they wanted to. Luckily, they were a realty company and chose to continue renting the property as apartments.
Unlucky for us, however, we had to sign a new lease or rent from month-to-month and suffer a rent increase. A new 12-month lease would have meant staying until the following November, which, if we weren't graduating in May, might have been an option.
Even more upsetting, our security deposit of $700 was gone. Our previous landlord was in possession of it, and the only way to get it back was to sue him. Of course, he was bankrupt, and upon consultation with a lawyer, we decided it wasn't worth our time or effort because he would probably never pay anyway.
So there we were, no lease, no security deposit and no idea what could happen next. And more did happen.
When we moved out in May, I was penalized for not giving a 30-day written notice even though we did not have a signed lease with the owners. I again consulted a lawyer and was told that it was the landlord's responsibility to learn if a tenant is moving out. However, other sources did not agree with this explanation. In order to get a second opinion I contacted the St. Louis Apartment Association and the Better Business Bureau.
I also reviewed the Missouri Attorney General's Web site and searched tenant laws and rights. There I found contradicting evidence with one document stating I did not have to give 30 days notice and another stating I did.
After five months of back and forth between us and the owners, we finally came to a settlement with the help of the Better Business Bureau. We were able to settle at $395, or half a month's rent.
It was an unfortunate situation, and I am still not 100 percent convinced which side was right, but I am glad it is over. I am sure if I followed through with a lawyer, I could have ended up with both my security deposit and avoiding payment of any charges. However, as a 22-year-old college student with barely enough money for a trip to Taco Bell let alone lawyer fees, I am glad I didn't choose that route.
I strongly urge students to look out for their rights and educate themselves on state tenant/landlord laws and rights. Also, be aware of the specific differences from state to state. Depending on whom you rent from, be it an individual private owner or a real estate agency, there are many differences in how they handle things, so be prepared.
Amy Swanson, a 2006 alumna, is a guest writer for The Journal.
Tips for potential tenants:
• Read your lease from beginning to end and ask questions about anything you don't understand.
• First impressions are key; if you don't click with the landlord when you meet then you should probably walk away.
• Being able to communicate well with your landlord is also imperative.
• Make copies of every document you sign and be aware of every document you sign.
• Always write out a list of damages and give a copy to the landlord/owners.
• If something does happen over the course of your lease that you feel is unwarranted or confusing, immediately consult with public agencies such as the Better Business Bureau, the St. Louis Apartment Association or legal aide through the Missouri Attorney General's office.
• If you feel the situation would work out better with a lawyer, make sure you find one familiar with real estate laws.
My roommate and I decided to move off campus for our senior year at Webster to cut costs and hopefully gain more living space.
Our first mistake was renting from someone we weren't very comfortable with. It was obvious to us he was unorganized, irrational and a little strange. We just wanted to be done searching for an apartments, we were willing to rent from anyone. So we signed a lease from August 2005 to May 2006. We thought if we paid the rent on time every month, there wouldn't be any problems.
We were wrong. In September, a month after we moved in, I received a knock on the door. It was our landlord and two other people. He informed me they were the new owners. The visit triggered a warning signal in my head and I wondered who would buy an apartment complex sight unseen.
At first, it seemed the only thing that changed was where we sent our rent check each month. Then in November, we received a letter from the new owners stating our lease was null and void and we would have to sign a new one with them or rent from month-to-month. I didn't understand why our lease wasn't valid anymore, and the letter didn't explain why nor would they tell me over the phone.
Through my own investigation at the public library, I discovered an appalling loophole in the system. One in which the renter is left at the mercy of the landlord. The law stated that in the case of a foreclosure, a lease signed prior to the foreclosure is invalid.
After I looked up my former landlord in the phone book and asked him point blank if the property had been foreclosed, I found my answer. Therefore, the new owners could have kicked us out with 60 days notice, torn down the building and built a parking lot if they wanted to. Luckily, they were a realty company and chose to continue renting the property as apartments.
Unlucky for us, however, we had to sign a new lease or rent from month-to-month and suffer a rent increase. A new 12-month lease would have meant staying until the following November, which, if we weren't graduating in May, might have been an option.
Even more upsetting, our security deposit of $700 was gone. Our previous landlord was in possession of it, and the only way to get it back was to sue him. Of course, he was bankrupt, and upon consultation with a lawyer, we decided it wasn't worth our time or effort because he would probably never pay anyway.
So there we were, no lease, no security deposit and no idea what could happen next. And more did happen.
When we moved out in May, I was penalized for not giving a 30-day written notice even though we did not have a signed lease with the owners. I again consulted a lawyer and was told that it was the landlord's responsibility to learn if a tenant is moving out. However, other sources did not agree with this explanation. In order to get a second opinion I contacted the St. Louis Apartment Association and the Better Business Bureau.
I also reviewed the Missouri Attorney General's Web site and searched tenant laws and rights. There I found contradicting evidence with one document stating I did not have to give 30 days notice and another stating I did.
After five months of back and forth between us and the owners, we finally came to a settlement with the help of the Better Business Bureau. We were able to settle at $395, or half a month's rent.
It was an unfortunate situation, and I am still not 100 percent convinced which side was right, but I am glad it is over. I am sure if I followed through with a lawyer, I could have ended up with both my security deposit and avoiding payment of any charges. However, as a 22-year-old college student with barely enough money for a trip to Taco Bell let alone lawyer fees, I am glad I didn't choose that route.
I strongly urge students to look out for their rights and educate themselves on state tenant/landlord laws and rights. Also, be aware of the specific differences from state to state. Depending on whom you rent from, be it an individual private owner or a real estate agency, there are many differences in how they handle things, so be prepared.
Amy Swanson, a 2006 alumna, is a guest writer for The Journal.
Tips for potential tenants:
• Read your lease from beginning to end and ask questions about anything you don't understand.
• First impressions are key; if you don't click with the landlord when you meet then you should probably walk away.
• Being able to communicate well with your landlord is also imperative.
• Make copies of every document you sign and be aware of every document you sign.
• Always write out a list of damages and give a copy to the landlord/owners.
• If something does happen over the course of your lease that you feel is unwarranted or confusing, immediately consult with public agencies such as the Better Business Bureau, the St. Louis Apartment Association or legal aide through the Missouri Attorney General's office.
• If you feel the situation would work out better with a lawyer, make sure you find one familiar with real estate laws.
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