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Tenants' rights important in rental repairs

By Ashley Marshall

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Published: Tuesday, September 4, 2007

Updated: Monday, May 11, 2009

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Briana Morrison

Damaged roofs and exposed water heaters are considered major repairs, as they cause dangerous living conditions.

An unlocked door and an apartment that was falling apart wasn't exactly what sophomore Natalie Common thought would be awaiting her when she returned to Chico.

Her apartment had a bathroom door that didn't lock, an air conditioner that was missing buttons and a kitchen counter that was coming apart. And maintenance workers at her apartment complex had left her front door unsecured when they came to fix the door's deadbolt, Common said.

"I come back and find that it's really easy to open my door," she said.

Once management heard what happened, the problem was fixed and an apology was given, Common said.

"They came right out for the deadbolt but didn't fix the other problems," Common said. "I think they kind of pick and choose what's safer and what isn't."

Repair priorities are divided into major and minor repairs, depending on the level of danger, according to FindLaw, a legal Web site dedicated to legal rights and issues.

Repairs such as Common's deadbolt are considered major repairs because someone's safety is compromised. The air conditioning is considered a minor repair because it does not compromise anyone's safety, according to FindLaw standards.

Landlords are responsible for keeping an apartment in a "habitable" or "livable" condition, according to the Web site. Stairways, floors, electricity and heating are some of the issues that must be repaired for the tenants' safety.

And when landlords don't fix these major repairs, organizations such as the Community Legal Information Center inform tenants on what they can do to get problems repaired, said Jennifer Bregante, director of housing.

Tenants can write a letter of dispute for unfixed problems, and if that goes unanswered, they can call their state or local housing authority, Bregante said.

Common has taken a similar step toward fixing the problems in her apartment.

"I put in a work order in July for the unfixed problems, but they still aren't fixed," she said.

If work orders or written statements go unanswered, students can pick up a packet of information at CLIC that offers more extreme options. Tenants can withhold rent or repair the problems themselves and deduct the cost from their rent, according to the packet. They can also move out, or pay the rent then sue the landlord for the difference between rent paid and the value of the "defective premises."

Another problem that sometimes arises at the end of a tenants' lease is a bill for damage to the house or apartment that the tenants did not cause. But tenants can do a few things to avoid these types of charges, Bregante said.

"Mark things down on the move-in sheet and keep a copy of it," she said. "A lot of the time landlords lose them."

Tenants can also take pictures of any damage around their house or apartment before they move in to keep as much evidence as possible, Bregante said.

This is especially helpful if the case goes to small claims court, which students can use as a last resort, Bregante said.

"If there is no evidence that it wasn't the tenants' fault, it's the landlord's word against the tenants'," she said.

Ashley Marshall can be reached at amarshall@theorion.com

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