Extreme circumstances cause trouble with leases
March 7, 2003
Students already dealing with the stresses of illness, or extreme instances such as suicide, are finding problems with terminating their lease agreements.
Most lease agreements don’t have clauses that allow renters to break the lease in instance of major illness and even death. Some ISU students are in negotiations with their landlords and property management firms over just that.
Kevin Geiken, junior in performing arts, and his roommate Nicole Knop, junior in child and family services, are facing financial problems after being required by their landlord to pay their deceased roommate’s portion of the rent.
Geiken and Knop lived with Jeremy Longnecker, who committed suicide. Geiken discovered his body Feb. 22.
“At first, when I found out [we would be paying for his share], I lost my belief in the inherent good of people,” Knop said. “I just want to get this over with, give [the landlord] his money and get him out of our lives. I just want to move on and not dwell on it.”
Geiken and Knop’s landlord is Dave Soukup. Soukup declined to comment.
“His attitude in this instance has seemed pretty heartless to me,” said Norman Longnecker, the deceased’s father. “It’s forcing my wife and I to relive the instance more and more through our financial dealings with Kevin and Nicole.”
Longnecker said he and his wife believe it is their moral obligation to help Geiken and Knop with payments. He said he also paid for the current rent owed by the three tenants.
“These kids have been through a lot and they don’t need this,” he said. “They shouldn’t be punished because they didn’t do anything.”
Another Ames resident, Ben Harapat, is also facing problems with lease negotiations after a recent diagnosis of cancer. Harapat said he was diagnosed with Hodgkin’s disease on Feb. 14 and is now residing in Cedar Rapids, where he has begun treatment.
Harapat said he lived at 4335 Maricopa Dr. with three others who still live in the apartment. The apartment is owned by Haver-kamp Property Management.
“I still have to pay monthly costs even though I can’t live there anymore because of my diagnosis. I had to move [to Cedar Rapids] for treatment,” Harapat said. “[Haverkamp Property Management] told me they don’t break leases even under extreme circumstances. They told my sister about the situation with the students trying to break their lease because of a roommate committing suicide, and they told her that even in that situation, those people can’t break their lease.”
Harapat said he and the other tenants in the apartment haven’t contacted any lawyers and they aren’t considering legal action. “Right now, we’re trying to sublease and until we can find someone to sublease, I’ll be paying,” he said. “It’s another thing I have to worry about. I’m frustrated because I’m paying and not really benefiting because I don’t get to live there now. I’d rather not have to think about money issues and focus on more important things.”
Brent Haverkamp, from Haverkamp Property Management, said, “It’s our policy that in situations where someone leaves or wants out of a lease, that we have them sublease and try to find someone to pay for that portion of rent. However, even though this is our policy, it all depends on the situation.”
Haverkamp said he and his firm are willing to work with tenants to reach an agreement that will be in the best interest of both parties. He also said in most situations only one lease is signed, even when multiple people are paying rent, and that all tenants are individually liable for the lease.
“We have given out of our own pocket in the past, due to tragic circumstances. I view it as a donation, but that still doesn’t change what our policy is and what the law requires,” Haverkamp said.
He said Haverkamp Property Management can legally collect rent from tenants, even in extreme circumstances.
Geiken said he and Knop contacted Student Legal Services and other Ames lawyers about the legality of their situation.
Paul Johnson, lawyer for Student Legal Services, said in situations such as this, Student Legal Services would look to see if there is a contingency in place on the lease. “If the lease does provide for a contingency, then what the lease says rules in the situation,” he said.
If the lease doesn’t include a contingency, the remaining tenants generally will still be obligated to pay unless they have some other defense, Johnson said. He said in most cases, the lease does not include a contingency.
Since the suicide, Geiken and Knop have moved out of their original apartment at 51510 Delaware Ave. to a new apartment on Somerset Drive. Geiken said he and Knop are both paying rent for the original apartment, as well as for their current residence.
“We just needed to get out of that place. For one — no one can live in it now because it still has to be cleaned after the suicide — but more importantly because of the hard emotions and memories it brings,” Geiken said.