House hunting: Know before you go

By Johanna Mitchell

It's winter, and house-hunting season is underway for the roughly 50 percent of Santa Clara students who reside in off-campus housing each academic year.

Many students may be living on their own or with peers for the first time, navigating the unknown waters of leases, rent payments and security deposits.

Knowing your rights

Under law, landlords must provide a "habitable" living space, which means the home is safe, sanitary and fit to be lived in. The structure of the building must be sound, appliances should be in good working order, and the property should be free of debris, filth and vermin.

According to California state law, rental dwellings must have effective waterproofing and weather protection, plumbing or gas facilities in good working order, hot and cold water, a sewage disposal system, heating in good working order, electrical lighting in good working order, one usable telephone jack, an adequate number of garbage receptacles, and sturdy floors, stairways and railings.

In addition, all units must also have operable deadbolt locks on each main swinging door and secure windows to provide basic protection to tenants.

California state law prohibits landlords from raising rent payments during a fixed-term lease and requires landlords to give advance notice to tenants before they visit the property, except during an emergency.

Dealing with unforeseen problems

Students renting homes or apartments may face a variety of obstacles during their lease, including corroded pipes, infestations of cockroaches or failing thermostats. Though landlords are not responsible for repairs that are purely cosmetic, they are required to fix problems that compromise the home's habitability.

Tenants are responsible for notifying landlords if any of the habitability requirements are violated and should demand a timely repair, especially when conditions may endanger the health or lives or the tenants. If landlord negligence caused an injury to a tenant, the tenant can sue under some conditions.

Requests for repairs should be put in writing to avoid misunderstandings arising from oral contracts, as well as to provide hard evidence if a case is taken to court.

If a landlord does not remedy the problem within a reasonable time frame, the tenant may choose to "repair and deduct," which means hiring a private contractor and deducting the cost of repairs from the next month's rent.

"Work with the landlord first to the extent that you can," recommends Jeff P. Widman, a San Jose lawyer. Widman cautions that angering a landlord could strain the relationship between the tenant and landlord, or worse, end in an eviction.

Being prepared

Some tenants may face bigger problems during their tenancy than termites or a leaky faucet. According to the Insurance Information Institute, rented households are burglarized at rates about 50 percent higher than owned households.

A 2006 poll conducted by the Insurance Research Council found that 96 percent of homeowners had homeowners insurance, while only 43 percent of renters had renters insurance.

Renters insurance covers incidents of theft, fire and vandalism to a home not owned by its occupants. It also covers liability costs in case a guest is injured on the renter's property.

Most full-time students don't need renters insurance because they are covered under their parents' homeowners insurance policy as dependents, said State Farm insurance agent Charley Coy. Individual policies may vary, he cautioned, so students should check with their agency to see if they are covered.

Even if their property and liability are covered, Coy said he recommends students purchase a personal articles policy for frequently stolen articles like laptops and bicycles.

"Ask yourself, 'Can I afford to replace this if it is stolen?' " said Coy. "If not, you should look into purchasing a policy."

Whether students are insured or not, they should be proactive in case of a future theft or burglary by including a basic home inventory list with detailed descriptions of possessions, photos and receipts of purchase.

Keeping your end of the bargain

Landlords do not bear the brunt of all repairs; there is no excuse for poor housekeeping, and the tenant is usually liable for damages that arise from an extreme lack of cleanliness or improper use of appliances and fixtures.

Also, California state law mandates that tenants must not inhabit rooms that were not intended for such use (i.e. using the kitchen as a bedroom or vice versa).

Landlords are also responsible for protecting the neighborhood from their tenant's illegal activities, such as drug dealing or dispensing alcohol to minors. Tenants are also responsible for the actions of people they choose to welcome into their homes, as well as any damage inflicted by those persons.

Moving out, moving on

Most landlords require the payment of a security deposit or "last month's rent" at the beginning of a tenancy. At the end of a tenant's lease, the landlord can keep a portion of the deposit under some circumstances. The tenant has a right to see an itemized list of all costs deducted from the security deposit.

A reduced return could occur if the property sustained damages beyond normal wear and tear, if it is necessary to clean a property that is dirty beyond normal wear and tear, or to atone for unpaid rent.

Normal wear and tear is defined as any damage or filth that is the result of normal use. For example, some dirt and fading of a carpet is the result of normal use, said Widman, but a stain from red wine is not.

Disputes over security deposits or repairs are not uncommon, but maintaining good communication between tenants and landlords while leasing can help avoid problems in the future.

All leases are not created equal; read yours before you sign it. Several online organizations, including No Losing Options at nolo.org, provide standard lease forms to make sure you are not getting a raw deal.

But before signing anything, potential tenants should remember to look under the hood. Any students interested in leasing property should do a walk-through of the rental unit before they sign any paperwork. At this time, make a list of existing defects with the landlord so everyone knows the "starting line." Take pictures of anything in need of repairs.

Contact Johanna Mitchell at (408) 554-4546 or jjmitchell@scu.edu.