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Show AggieLife Monday, Aug. 30, 2010 Rights: Guide to housing issues continued from page 7 "The damaged item is only worth its market value. At most the tenant pays for the repair, being no more than the current value of the item. The rule is to repair when possible, not replace. Normal wear and tear that breaks or ruins items is not the tenant's responsibility," Blaustein said. Another important reason to read the lease is to learn of the time period in which a renter has to raise concerns about the premises to the landlord. It is often 24-48 hours, Blaustein said. Therefore, by not saying anything, the tenant is agreeing the place is in an inhabitable condition. Also, Blaustein said it is critical for tenants to scan their lease contract and keep both the electronic and physical copy in safe places, "not just the kitchen drawer." According to utahcourts.gov, tenants' rights website, renters have the right to "a safe and sanitary home. You have the right to call a health or housing inspector if you think there is a code violation in the property you are renting." Blaustein said this standard is defined by health and building codes. "A property should have functioning heaters, drinkable water, a degree of security like a locking door, "The damaged item windows that open is only worth its marand shut, it is free of rodents and pests, has ket value. At most the working fire detectors, tenant pays for the and it should be clean. repair, being no more If these things are not than the current value in place, do not trust the landlord," Blaustein of the item." said. Marty Blaustein, If a tenant discovers attorney for Utah Legal something like a health Services hazard that was not disclosed by the landlord, like meth use or infestation, they should contact health department, Blaustein said. This is because if the case goes to court, the health department can be subpoenaed to testify on behalf of the tenant. Bottom line: if the landlord knew there was a danger and did not say so, it is a deceptive practice, and the tenant can turn to a private attorney. Renters should know that in Utah, according to utcourts. gov, landlords do not have the right to lock a tenant out of the property unless the renter is legally evicted by a court order. Blaustein said landlords routinely enter a tenant's unit forcibly to lock the tenants out rather than use the legal process. "You often see this in smaller towns. Sometimes police support the landlords. In that situation, most students have low income and qualify for legal services, and should contact Utah Legal Services," Blaustein said. When moving in and out of a rental, take lots of pictures of the premises, inside and outside of drawers, the back of fridge, the ceiling. According to Blaustein, landlords will find every possible reason to not give a deposit back. When taking the pictures, use a copy of that day's newspaper in the background of the pictures as evidence of when it was taken. Landlords can say the date can be changed in the camera. Students should also keep in mind that it is very difficult to enforce oral agreements because a judge has to decide who is telling the truth. They need to get everything in writing, including deposit and rent payment receipts. When a student moves out of a rental, the state code says they have to make a written demand to the landlord that they are requesting the return of their security deposit. They then have 30 days to give it back or state the reason they aren't giving it back. If neither of these things happens, a renter can file a small claims action, according to Blaustein. If the landlord doesn't respond in the 30 days, the tenant would be entitled to a $100 penalty. Blaustein said it is always risky to vacate a rental because it is considered breaking the lease and the landlord can sue for the rest of the lease time. The only way a tenant can break a lease is when there is a material breach of the lease by the landlord. For example, if the furnace goes out in the winter, and the landlord is not getting it repaired, the tenant may have a case. But first, Blaustein said, the tenant has to notify the landlord in writing of the problem and then should contact the health department. "I would never advise a tenant to break a lease unless it is a case of domestic violence," Blaustein said. Tenants should remember that federal and state laws prohibit discrimination in all aspects of housing, according to utcourts.gov. This includes different treatment on the basis of race, color, religion, sex, national origin, handicap, family status or source of income. Blaustein said, "There's no such thing as a nice landlord when it comes to accusations of a property in deficient condition. Get everything in writing. State laws require receipts." For information on landlord and tenant rights and responsibilities, go to www.utcourts.gov/howto/landlord/. For Utah Legal Services, visit www.utahlegalservices.org/. —storee.powell@aggiemail.usu.edu Page 9 Now that you are on your own ... Students just starting college are usually experiencing their first on-their-own move. Mom helped pack the knickknacks and underwear, but now what to do (besides send her a thank you note)? Alert the people. Let them know you've moved to a new address. requires a change of address on your driver's license (don't worry, it is free). —Send an email or text message to friends and family with the new physical and/or mailing address, and how long you will be there. Scope out the town. —File your change of address with the Post Office at least 30 days prior to the date of the move, if possible. This can be done online at usps.com . — Alert the following of your address change: banks, credit cards, old and new employers, cell phone provider, insurance providers and magazine subscriptions. —If you are out of state, you may need a change of a drivers license if you are now a resident of Utah. For those still residents of their home state, Utah law —As you make friends in your new place, ask locals for referrals to the best places like dentists, restaurants, hair stylists and grocery stores. Unpacking the kitchen sink. While it is tempting to unpack in a crazed frenzy to attempt quick unloading, don't. —Learn where important services are, such as student services, medical providers and public transportation. —First, unpack the tools: scissors, hammers, nails, screwdriv ers, flashlight, tape measure, picture hangers, gloves and a utility knife. —Keep copies of the Aggie Shuttle routes and campus maps on hand so seniors don't get annoyed at freshman asking, "Where's the bus stop?" —Then, unpack the kitchen essentials: utensils, dish detergent, towels and paper dinnerware. —Get the record straight. —Next, unpack the bathroom essentials: toilet paper, toothbrush and toothpaste, towels, soap, shower cur- —Obtain records from medical providers, dental records, employment information gathered by Storee Powell Workout Where Your Friends Workout! 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