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[ Tuesday, Feb. 9, 1999 ]

Deposits can create tenant-landlord conflicts
Editor's note: This is the third story in a three-part series discussing roommate responsibilities and rights. This story focuses on security deposits.

By BETH BAUMGARDNERbio
Collegian Staff Writer

When renting an apartment, one of the first payments required is a security deposit -- money many students never see again.

Security deposits, usually equaling one month's rent, are returned to tenants at the end of their lease period. According to state law, the deposits must be returned in full, barring only two circumstances: damages to the apartment and unpaid rent, said José Texidor, attorney for the student body.

The deposit may not be taken for unjust reasons, such as normal apartment wear and tear, Texidor said.

Security deposits are often a necessary tool for landlords, said Nina Woskob, co-owner of GN Associates, 119 S. Burrowes St.

"The majority of tenants are good, and they look after the apartment and do care. Unfortunately, the bad ones are the loudest," she said.

When tenants pose problems for GN Associates, the company is forced to charge them for any damages. If the charges are not paid, the security deposit will be used to cover expenses at the end of the lease period, Woskob said.

Recently, GN Associates told the tenants of three apartments in The Graduate, 138 S. Atherton St., if they did not pay for cleaning the hallway carpets, their deposit would be taken at the end of their lease period.

These tenants had been identified by three other tenants on the floor as being responsible for raw egg and water fights in the hallways, which caused a musty smell to permeate the building.

One of those tenants, Paul Petroski (senior-management science and information systems), said he and his roommates did not take part in damaging the hallway and he will not pay the charges.

If GN Associates wants to pursue the issue, the company will have to incur the legal expenses, he added.

"Certainly when any money is still owed when a tenant leaves . . . the landlord reserves the right to use the security deposit," Woskob said. "When people do damage, it needs to be paid."

Texidor advises tenants to carefully take pictures of any pre-existing damages in the apartment when they move in to help ensure they will get their deposit back.

For some landlords, a security deposit is "an underhanded way to get money," he said.

For example, one landlord may have 1,000 apartment units with five tenants in each unit. If the landlord takes a $100 deposit from each tenant, he now has $500,000 of tax-free money.

Often tenants fear their deposits will be taken unjustly, said Elizabeth Goreham, State College Borough Council member and landlord. Tenants need to be assured that landlords will not unreasonably charge them, she said.

"Tenants need to feel they'll get their deposit back," she said. Belief they will not get their money back reveals a lack of trust between tenant and landlords.

To alleviate her tenants' fears, Goreham said she promises to pay back the deposit with interest that might have accumulated to her tenants at the end of their term.





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Copyright © 2008 Collegian Inc.
Updated: Tuesday, February 09, 1999  12:51:46 AM  -4
Requested: Friday, September 05, 2008  9:20:49 PM  -4
Created: Wednesday, May 07, 2008  6:25:56 PM  -4