Tenants have implied health, safety rights

By BETH BAUMGARDNER
Collegian Staff Writer

Heat, a functioning toilet and a roof that doesn't leak may not qualify as the essentials of life, but landlords guarantee them to tenants -- even if not clearly detailed in the lease.

An implied warranty of habitability exists in every lease, which gives landlords the responsibility to repair any unsafe or unhealthy problems in the unit, said José Texidor, attorney for the student body.

"A lot of students accept no heat in an apartment . . . (and) just buy extra blankets," Texidor said. "They should never stand for that."

Problems such as mice or insect infestations constitute a breach of the lease because of the implied warranty of habitability. Landlords should provide tenants with credit or another unit when such problems arise, said Laurie Smith, property manager of Falk Realty, 532 E. College Ave.

But Smith said the first step residents should take when they discover unsafe conditions is to verbally notify the landlord and register a complaint immediately.

"One of the things that is discouraging is when (tenants) have a problem and don't complain," Smith said.

Channie Waites (sophomore-theatre) said she has complained to the maintenance crew of her apartment at University Commons Apartments, 201 Vairo Blvd., several times for problems with the plumbing.

"It seems like my toilet gets stopped up almost everyday," she said. "And one day my water power in the bathroom sink just went kaput."

Though it took a few tries and visits to the landlord in person, Waites was able to have her plumbing repaired.

But if the verbal complaint is not answered, tenants must complain in writing, Texidor said. Though tenants have a right to demand problems be corrected, the way they must make their demands is specific.

"The request must be full and complete and sent by certifiable mail," he said.

In addition to a detailed description of the problem, the written complaint should say what action the tenant will take if the problem is not remedied and set a reasonable amount of time for the landlord to take action.

Falk Realty's policy is to answer all complaints within three days and notify the tenant if extenuating circumstances, such as ordering a part, will lengthen that time period, Smith said.

If a complaint of an implied warranty of habitability violation still is not answered, students should not proceed alone -- they should consider retaining a lawyer.

Although a student would need to pay for the lawyer, tenants without counsel can be taken advantage of, Texidor said.

"The law is basically very landlord-favored," he said. "But tenants do have rights. They're limited, but they do have them."

With the help of a lawyer, Texidor said students could hire a professional to repair the maintenance problem and then pay those costs instead of rent or withhold rent payments in an escrow account.

"Students must establish an escrow account for any withheld rent and failing to do so can get them into a lot of trouble," Jean Welling, assistant director of Greek and Community Life, said in an e-mail.

An escrow account, which is established with the help of a lawyer, asserts the tenant could have made rent payments but chose not to because of poor conditions. Tenants put their rent payments in the account rather than paying the landlord or keeping it themselves.