Know your rights: Roommates and Landlords

Friday, September 18, 2009
Kate McIntyre
Mustang Daily: California PolyTechnic State University

Cal Poly graphic communication and business senior Chaz Daum arrived
home to find a note taped to her front door, informing her that the
house she is renting with her three roommates will be auctioned off in
two weeks. She called her landlord, who had disconnected his phone to
avoid telling Daum that the house has been in foreclosure for several
months. In the middle of February, she moved into a new apartment and
continues to fight to get back her $1200 security deposit. But she’s
learned something.

“You cannot put a price on a good landlord,” she said.

There are 19,471 full- and part-time undergraduate and graduate
students attending Cal Poly, according to CSU Mentor. Beginning in
fall, 6,300 students will be living on campus, which means there are
over 13,000 living somewhere in San Luis Obispo County.

No matter where you’re living, you should know how to prepare for potential issues.

The best way to avoid a problem is to begin communicating early, Amy Stapp of Creative Mediation said.

“Communication is really the key,” she said. “The more clear people
are about expectations and what they’re committing to, the likelier it
is that they’ll have a better working relationship.”

Creative Mediation offers SLO Solutions, a free service that trains
people to handle conflict resolution and mediates conflicts between
roommates, landlords and tenants, neighbors and family members. Between
July 2008 and June 2009, they assisted 625 people, 200 of whom were Cal
Poly students.

56 percent of the cases SLO Solutions handled were between landlords
and tenants and included arguments about security deposits, unpaid
rent, property conditions, sound, pets, lease logistics and subleasing.

Here are some common issues, how to avoid them and how to deal with them if they do come up.

Get along with your roommate

Roommates should come up with an agreement, deciding whether they’ll
share groceries and how they’ll handle the rent and bills and so on,
Creative Mediation Ambassador Steffanie Medina said.

“With roommates, be clear and anticipate things that could come up,” she said.

Cal Poly electrical engineering junior Michael Cocchi said he
started having problems with his roommate the first day of his freshman
year.

“There were too many things to remember, but a big one is that he
kept spraying Glade on my side of the room,” he said. “The smell makes
me very sick.”

He added that his Resident Advisor and Coordinator of Student
Development weren’t helpful, so he was stuck living there for the rest
of the year.

There are 13 CSDs this year. Each has a master’s in student affairs,
counseling or higher education. Their job is to oversee the 109
community and resident advisors.

Carole Shaffer, Cal Poly director of residential life and education,
said that after the first two weeks of fall quarter, students can
switch roommates by talking to their CSD.

“We have a pretty liberal roommate-switching policy,” she said.

Most residents choose to remain with their roommate, she added. But if they are unhappy, residents should talk to their CSD.

“We run a very high percentage of roommate matches that work,” she said.

Both CSDs and advisors handle violations of the housing license each
resident signs before moving in. This directly corresponds to the next
issue: how to remain in on-campus housing.

Don’t get kicked out of the dorms

Cal Poly business senior
Kyle (who preferred not to share his real name) was an RA in Fremont
Hall. He said that both residents and advisors have an expansive list
of rules they have to follow. Be kind to your RA, and you’ll be better
off.

“Not having a few write-ups during the quarter is suspicious, so be
sure to thank your RA next time you’re stumbling though the halls
during 2 a.m. rounds,” he said.

Residents can still party, he said, but if they’re smart, they’ll do
it away from the dorms. Your RA might even join you, Kyle added.

“I drank with residents both on and off campus. Rumors suggest
others did as well, although the ones you don’t hear about are the ones
who kept their jobs.”

Advisors aren’t allowed to use the master key to get into a resident’s room unless it’s an emergency situation, said Shaffer.

“We ask the students to be cooperative,” she said. “We don’t enter a room unless there’s a serious health or safety concern.”

If a suspect resident is ever unwilling to open the door, the University Police Department will be called, Yerkes added.

“Most residents open the door for RA’s – it’s the smart choice,
because if you are kind to an RA, they will report it better for you,
but having the UPD called on you is a serious offense,” he said.

An RA, CA or CSD files an incident report, and the CSD meets with
the resident(s) involved, said Shaffer. The student then has an
opportunity to explain the situation, but any issues involving illegal
substances will be checked by the university police.

“We will follow up. We are a state university, and the state law is 21,” she said.

Get your security deposit back

Cal Poly materials engineering senior Zenon Carlos said he is
getting ready to take his landlord to court. At first his landlord
tried to improve the house by keeping the $3000 security deposit and
now the deposit is two months overdue, he said.

“It’s not that I paid him; he already had the money from the
security deposits. He just refused to give them back for so-called
‘cleaning fees.’ $3000 worth. Yeah, right,” he said.

A landlord can charge a security deposit in case tenants default on
a rent payment, damage the property beyond normal wear and tear or
don’t leave it in the same state of cleanliness as when they moved in,
according to California Civil Code Section 1950.5. Security deposits
cannot exceed two months’ rent for an unfurnished property or three
months’ rent if the property is furnished and must generally be
returned within 21 days.

If it has been 21 days, tenants can write a letter to the landlord
demanding the deposit and/or sue, according to the California
organization Tenants Together Web site.

To avoid having to harass their landlord or spend time arguing in
court, tenants should take a few precautions when they move in,
according to the California Department of Consumer Affairs.

The DCA guide to tenants’ and landlords’ rights and responsibilities
recommends completing a checklist regarding the condition of the rental
when tenants first move in. Both the tenants and landlord should sign
and date it, and each party should keep a copy.

Tenants can also take photos and keep those with the checklist. If
one isn’t provided by the landlord, tenants can download one online via
the DCA Web site.

FAIR USE NOTICE. This document may contain copyrighted material the use of which may not have been specifically authorized by the copyright owner. Tenants Together is making this article available on our website in an effort to advance the understanding of tenant rights issues in California. We believe that this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner. 

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