When you are moving into your apartment or house, there are
certain things you need to consider, such as how much rent you can
afford, the cost of food, utility expenses, whether or not to have
a roommate and so on. These are things you are probably aware
of but you may not know some of the laws and ordinances regarding
the communities that surround St. John's University.
The laws and ordinances are mainly enforced on a compliant basis
and may carry fines if there are any violations. This means
that people living in your community are the ones responsible for
reporting any violations. It is a good idea to get to know your
neighbors and those living in your area as soon as you move
in. That way, if there are any problems, you and your
neighbors can work them out before any other measures are
taken. Similarly to living in the residence halls, it is
always a better idea to try to talk through your disagreements
before bringing in an authority figure (in this case, usually the
police).
First and foremost, you are bound by the obligations of your
lease. Secondly, you must honor all of the laws and
ordinances that govern all other citizens including noise, parking,
speed limits, pets, the use of alcohol, etc. Students who
engage in behavior off-campus that could damage the reputation of
St. John’s University or the institution’s relationship with the
greater communities may be subject to disciplinary action under the
Student Code of Conduct.
Moving In
It is a good idea to note all existing damage and necessary
repairs on the lease before you sign it. A Rental Condition
Checklist can be included as part of the lease.
The Rental Condition Checklist helps determine “normal wear and
tear.” It is also a record of damage that already existed and
for which you should not be held responsible when you move
out. Remember to be thorough! If you run out of room on
the original sheet, write “see attached” at the bottom and continue
on an additional piece of paper. Try to be as detailed as
possible about location, type and extent of damage. If there
is extensive damage to the premises, consider photographing the
area. Arrange with the landlord or realtor and an objective
third party to inspect the premises together before you sign the
lease and move-in. (An objective witness is typically not a
roommate or relative). During this inspection, you may
complete the checklist and an inventory of needed repairs. If
a checklist is to be made part of the lease, attach it to the
lease. If the checklist is not tot be part of the lease,
obtain a written commitment from the landlord regarding repairs
she/he will complete and a completion date. All tenants and
the landlord and/or Rental Condition Checklist has been included in
the Guide to Living Off-Campus and may be used as a guide to assist
students when they are visiting properties and eventually signing
their lease.
Renter's Insurance
It is strongly recommended that whenever you rent a house or
apartment that you take out a rental insurance policy. This
will protect you and your belongings from loss due to fire or water
damage or in the event that your property is stolen or
vandalized. Renter’s insurance is often available from the
same company that is insuring you car and/or can be arranged
through most major insurance agencies.
Quiet Enjoyment
The concept of quiet enjoyment is not a specific law or statute; it
has evolved from English common law and it has been enforced as
common law ever since. Although it does not have a statutory
basis, it is recognized to be a valid, unwritten law that is
enforceable. The principles of quiet enjoyment accompany any
lease signed by landlord and tenant. For example, quiet
enjoyment prevents your landlord from appearing any time of the day
or night to make repairs or remodel or cause your to suffer
unreasonable disturbances in any way. Specific mention of the
right to quiet enjoyment may not be in the lease, but you are
entitled to a tenancy free from unreasonable disturbances under the
control of the landlord. A tenant may waive his/her right to
a promise of quiet enjoyment if he/she signs a lease that contains
a waiver of this type.
Repairs to Your Rental
It is important for tenants to determine who will take care of any
repair to the rental BEFORE they sign a lease. Even with a
lease clause, it is often difficult to get repairs done. If
you do have problems first check to see if there are any procedures
to follow in your lease, if not we suggest the following
strategy:
1. Tell your landlord immediately when repairs are
necessary. If he/she agrees to make the
repairs, wait a reasonable time period. If nothing is
done…
2. Contact your landlord again and ask why the repairs have
not been made. (There may be a
perfectly good reason). Again, give your landlord a
reasonable amount of time to complete
the repair. If nothing happens then…
3. Write a letter that re-states the history of the problem
needed repair, times of contact, and
the promises. If your lease stipulates the landlord is
responsible for the repair, quote it. Ask that the repair be
completed in a certain amount of time. Photocopy the letter
and send the original via certified mail. Still no action
then…
4. Contact an attorney. The attorney will offer specific
counsel.
Additional tenant rights and responsibilities can be found on
the New York State Attorney General’s website at
http://www.oag.state.ny.us/realestate/tenants_rights_guide.html