With Spring Quarter quickly approaching, many students planning to move off campus already have found what they deem the perfect apartment or house. But before rushing to sign the lease, potential off-campus renters should consider their legal rights and obligations.
The first rule of renting is to never rely on verbal agreements, said Associated Student Government lawyer Patty Marinakis, who gives free legal advice to students.
“Make sure every understanding that you have between the landlord and yourself is reduced to writing,” Marinakis said. She said students should realize they do have the power to negotiate the terms of their lease — although she also advised they pick their battles.
One provision students may want to negotiate into the lease involves subletting. Some students — especially those who study abroad — count on subletting their apartments to other tenants for the time they will be away from campus.
“The whole business about subletting is kind of an unknown quagmire,” said Cate Whitcomb, assistant to the vice president for student affairs. “If your lease goes from the first of September to the first of July, it’s your place and you’re responsible for it for that time.”
But it might not be enough just to make sure the lease allows for subletting, because the landlord might need to approve the person who is subletting, Marinakis said.
“It’s the landlord’s right to decide if he will allow subleasing or not,” she said. “Usually, what I would recommend to students is that they put in their lease: ‘Consent should not be unreasonably withheld.'”
Students might also want to consider negotiating parking, utilities and property maintenance into their leases, Marinakis said.
But other concerns have less to do with lease negotiation and more to do with awareness of basic tenant rights.
According to Evanston law, landlords have to give new renters two documents: a copy of the lease and a copy of the city’s Residential Landlord and Tenant Ordinance, a nine-page document detailing rental agreements and tenant and landlord obligations.
Although the ordinance is a lengthy document, students should read the entire thing — in addition to their full lease — before signing anything, said Raphael Molinary,a member of Evanston’s Human Relations Commission.
“The whole thing is important,” he said. “They’re all important aspects of how you deal with the landlord and how the landlord deals with you.”
But Gareth Hayes, a McCormick senior who lives at 1021 Dempster St., said he doesn’t remember ever receiving a copy of the ordinance.
“Landlords don’t tell you anything about the city things,” he said.
Marinakis said she advises students to pay attention to the sections of the ordinance titled “Landlord Remedies” and “Tenant Remedies,” which outline the respective rights of landlords and tenants when dealing with violations of lease agreements.
All complaints must be supplied in writing, and the offending party usually has 30 days to comply with the law before action can be taken.
“You don’t have to negotiate those things, because they’ve done some of that for you by making it the law,” Marinakis said, using the example of the 30-day compliance rule to stress that the ordinance can take precedence over a lease.
“The lease might say you only get five days, but the ordinance says you get 30,” she said. “You have the right to rely on the ordinance.”
Marinakis said she encourages all students to review their leases with her before they sign anything.
She works on the third floor of Norris University Center on Tuesdays and Thursdays from 10 a.m. to 4 p.m. Students can make an appointment by calling 847-467-4529.
