 Miles
away from mom, dad, their checkbooks and legal advice, students
become lost in a sea of leases, landlords and rent.
Students need to know their rights and responsibilities as tenants
in Boone to prevent being taken advantage of, said Karla P. Rusch,
assistant director of Student Judicial Affairs.
Rusch said the issue she advised most students on last year was
landlord-tenant problems.
“All I can do through the legal clinic is give advice and information,”
she said. “Many students have concerns regarding their rights.”
The North Carolina General Assembly’s general statutes 42-51
and 42-52 address permitted uses of a security deposit and landlord’s
obligations to a tenant.
A landlord may only keep a rental deposit in the case of damages
to property, non-fulfillment of rental period, costs of re-renting
the premises after breach of contract by the tenant or costs of
removal of tenant’s property.
Security deposits should be returned to the tenant within 30 days
after the lease ends.
A landlord may not keep a deposit from a tenant to fix conditions
that are from normal wear and tear, Rusch said.
Most tenants are not aware of what the two statutes say, which is
a possible reason many students lose their deposits.
“If the walls are scuffed or have fingerprints on them and
the landlord chooses to paint, that is [the landlord’s] responsibility,”
Rusch said.
If a carpet is old and dirty, but not stained by the tenant, a landlord
cannot keep the tenant’s deposit to clean or replace the carpet,
she said.
Boone’s Minimum Housing Code specifically outlines requirements
and standards of any dwelling and the landlord’s responsibilities.
The code states that all dwellings should have at least the following:
stairs should be safe and operable; windows and doors must have
screens; bedrooms should be at least 70 square feet and all floors,
walls and ceilings should be rodent proof and in sound condition
and units must have working smoke detectors and garbage disposals
in the sink.
A tenant can sue a landlord if the landlord threatens to withhold
a security deposit or refuses to comply with the code or general
statutes.
Rusch said a building inspector could assess any problems in a dwelling
for a tenant, free of charge, to obtain additional evidence.
“It doesn’t mean the town can actually enforce [the landlord
to fix the premises], but it could be used as evidence against the
landlord,” Rusch said.
“I have known of situations where the rental space was very
out of compliance and dangerous and the town basically condemned
it. So [the town does] have the ability to act on the code.”
Tenants also have responsibilities to the premises and landlords.
Tenants must adhere to the lease by keeping the premises clean and
safe and by paying rent on time, Rusch said.
Tenants must submit problems or requests in writing to the landlord
if they wish for action to be taken.
A tenant can be evicted, but only after a legal process taken by
the landlord.
A copy of Boone’s Minimum Housing Code is available for $2
at the Boone Planning and Inspections Department on Blowing Rock
Road.
The NCGA’s general statutes are online at www.ncga.state.nc.us. |
