Landlord-tenant disputes common this time of year

For many Iowa State students who choose to rent apartments or houses off campus, summer is the time when their leases end and disputes over security deposits begin.

Gary Hunziker, owner of Hunziker Property Management, 105 S. 16th St., said security deposits are charged to “insure anything beyond the ordinary wear and tear” done to an apartment.

Conflicts can arise when tenants find their security deposits have been used to repair damages, replace carpets or cover unpaid utility bills.

“The tenant has an obligation to leave the apartment or dwelling unit in the same condition, besides normal wear and tear,” said Paul Johnson, attorney at Student Legal Services.

Johnson said normal wear and tear is the “normal use and not abuse” of the apartment.

“A tenant has a responsibility to live up to all terms and conditions of the contract, whether it be oral or written,” he said.

Johnson said a landlord has 30 days after the termination of the lease to return the deposit or a portion of the deposit to the tenant.

If a portion of the deposit is sent to the tenant, the landlord has a legal responsibility to acknowledge why a portion of the deposit was withheld in writing, he said.

Tenants sometimes discover instead of receiving all or part of the money they believed was owed to them, a bill is sent for charges over and above their deposit.

“I was expecting to get my deposit back,” said Doug Ficek, junior in philosophy.

“But I got a bill for $200. I was fuming.”

Hunziker said the most notable difference between renting to students and renting to non-students is many students choose to have roommates.

The biggest problems occur “when you see three people who haven’t lived together before,” Hunziker said.

Ficek’s summer subleasing experience did not deter him from renting again.

However, the experience caused Ficek to exercise more caution when choosing roommates.

“I think that there are some really professional roommates in Ames, and I think that there are some real dorks,” Ficek said.

Ficek stressed the importance of paying close attention to potential roommates and choosing responsibility over friendship if necessary.

Hunziker said tenants can protect themselves by documenting damages that are present in the apartment at the time of rental.

At Hunziker Property Management, all tenants are given move-in and move-out inspection sheets.

These inspection sheets serve as a “protection” for both the landlord and the tenant, Hunziker said.

“If I was not provided something like this, I would write something down and send it to the landlord anyway,” he said.

Johnson said tenants need to inspect the rental property or dwelling unit and note any unclean areas or damages.

He also suggested photographs or videos be taken to document the problems.

If a tenant continues to have difficulty retrieving a security deposit, Johnson said the tenant has the option to take the landlord to small claims court.