As many UA students sign leases at the various apartment and housing complexes across the Tuscaloosa area, questions are raised about the renter-landlord relationship.
Can you negotiate a lease? Is it wise to purchase renters insurance? Can a landlord enter your property without notice? Some of these questions are clear-cut, while others dwell in a murky realm of legal and practical understanding.
Bill Henning, a UA law professor said as a general proposition, a lease is a contract and every term is therefore negotiable.
“Some landlords will negotiate and others, usually the larger ones, will not,” Henning said.
Julie Elmore, the assistant director for off-campus and UA greek housing, said the lease must apply to all residents in a complex, which could mean complications in a renter’s ability to bargain in a large complex.
“If the landlord changes a policy during the term of the lease, it has to apply to all tenants,” Elmore said.
Shay M. Farley, legal director for the Alabama Appleseed Center for Law and Justice, said both parties are always entitled to negotiate the terms of any contract. The Appleseed center issues renter’s rights literature in an attempt to inform the public of its entitlements under a landlord.
“Realistically, however, the balance usually tips in the landlord’s favor particularly since the ratio of renters in a college town outweighs prime units,” Farley said. “Renters are usually limited in options of properties they can afford and provide comfort and safety, along with optimal geographic location.”
Farley also said to be sure any agreements that are verbalized are also put in writing in the lease and signed by both parties.
“Keep a copy of your lease in a safe place so if there are every any doubts or disputes, you can make reference to that agreement,” Farley said. “There’s no better way of protecting your rights than to have the terms spelled out in black and white.”
On the matter of purchasing renters insurance, the experts seem to be in agreement.
“We do suggest that students obtain renters insurance when they move off campus,” Elmore said. “It can be purchased from most insurance companies and is relatively inexpensive.”
(See also “UA officials: leases not for profit”)
Farley said it’s a good idea for all renters to carry rental insurance, and that some leases even require coverage.
“Renters insurance provides protection if your personal property is damaged, stolen or destroyed,” Farley said. “Some policies provide liability coverage for policy holders against injuries to another person on your property and help pay for your legal defense in such a case.”
Renter’s rights have become a topic of discussion in the local news because of the recent arrest of a former manager for the Summit Condominiums in Tuscaloosa. Jodi Morrison Parden, was charged with allegedly stealing from 19 people at the apartment complex on Veterans Memorial Parkway.
The Summit’s lease agreement does not seem to take into account the theft of personal property by one of its employees.
“Our insurance does not cover the loss of or damage to your personal property. Your own insurance is not required but is still strongly recommended,” The Summit’s lease reads. “We urge you to get your own insurance for losses due to theft, fire, water damage, pipe leaks or other similar occurrences.”
Henning said with regard to theft by a landlord, the tenant would be entitled to return of the item or to its fair market value.
“In addition to the landlord’s conduct potentially being a crime, it constitutes the tort of conversion,” Henning said.
Henning also said if the tenant has renters insurance the item may be covered but whenever insurance is involved you always have to carefully read the policy to see what it covers.
“For example, jewelry is often excluded unless the insured has purchased a rider to the policy covering specific items of jewelry,” Henning said. “Even if there is coverage, there may a deductible.”
While issues of insurance can become quickly complicated, state law is pretty clear when it comes to guidelines for when landlords can enter a property.
“The landlord can enter the rental with a 48-hour written notice, in order to do upkeep and repairs, however, in an emergency situation they can enter without notice,” Elmore said.
If a UA student renter feels that their rights have been violated, they can contact the Law School’s Civil Law Clinic, which provides free legal service to students.
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