by Jeremy Hunt
Daily Lobo
A backyard, a porch and your own bathroom might seem like good reasons to rent a house.
But students first need to know their rights as tenants, said James Chavez, a real estate attorney.
"What you want to do is treat it like a business arrangement," he said. "Everything should be in writing."
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Chavez said most landlords are decent business people, but when tenants aren't familiar with the New Mexico Owner-Resident Relations Act, they can be caught
off guard.
It's important to understand the lease and what it requires,
Chavez said.
"If you leave and you don't get yourself off the lease, then you still remain liable to the landlord," he said. "You don't remain liable for half the rent. You're liable for all of it."
If your roommate trashes the property and skips town, the landlord can recover the damages from you, Chavez said.
"That old saying, 'Pick your friends wisely because you can't pick your family' rings true with roommates," he said. "You're legally obligated for all the rent and all the damages."
Students need to be aware of how long the lease is and how long they will need the unit, said Bill Cornelius, a real estate manager in the UNM area.
Once the lease is signed, it's a done deal, Cornelius said.
"I got three tenants down here who said, 'Well, the semester is over,' and I say, 'Well, the lease doesn't say you have to live here. It says you have to pay rent,'"
he said.
Cornelius said the application process for his properties includes a background check, credit check and an income evaluation.
Students who don't qualify because they have no credit or previous landlords can get their parents to co-sign, he said.
Students should realize how significant rental agreements are, because a delinquent account stays on your credit for 14 years, Cornelius said.
"These 19-year-olds don't think it's going to affect them, until they're 25, married and looking to buy a car," he said.
Chavez said you can't move into your friend's house without getting on the lease.
"If you don't sign the lease, then you don't really have the right to live there," he said. "If your roommate leaves, the landlord can kick you out."
The first thing to do when considering rental property is make sure everything works, such as doors, plumbing, heating and air conditioning, Chavez said.
"Sometimes, in the hot market around UNM, you're tempted to get some place before someone else does," he said. "Sometimes landlords get pushed by the residents. Sometimes tenants are being pushed. To both parties, I say do not rent a unit or occupy a unit until it's ready."
Chavez said to put a deposit down if the property is not ready, but don't sign a lease until the place is cleaned up and everything works.
"It doesn't have to be the Taj Mahal, but it's got to be functioning," he said.
When you move into a rental, take a thorough walk-through and write down every imperfection, Chavez said. You should also take pictures so you can't be held liable for damage that wasn't your fault, he said.
The damage deposit is used for repairs, past-due rent and utilities charges, he said.
The landlord has 30 days after the tenant moves out to mail a list of all damages and the cost of repair, Chavez said.
"If the resident doesn't give a forwarding address, then the landlord can send it to the address of the vacated property," he said. "If the landlord doesn't give the 30-day notice and rent or utilities are not owed, the landlord cannot keep it."
Chavez said students should make sure their landlords maintain the property.
He said the landlord has a week to make a "reasonable effort" to fix problems, which can include a broken stove, water heater, refrigerator and cockroaches.
If the landlord does not try to fix the problem within seven days, you can terminate the lease or move out until the problem is fixed, Chavez said.
You can also stay in the unit and pay two-thirds of the rent until it is fixed, he said.
If you get kicked out for nonpayment, the landlord can't use your belongings to recover the loss, he said.
"There is no such thing as a landlord's lien," he said. "A landlord cannot keep your stuff. Even if you're evicted, you have three days to get your stuff out."
Student Jarrin Solomon said he enjoys having a place to call his own and the freedom to do what he wants.
"You've got your own spot,"
he said.
Solomon said he had to take landlords to court once because they didn't want to give him back his security deposit, which he
deserved.
"They were just trying to get our money," he said.
Solomon said he wouldn't live on campus, because it's too expensive and too much like living with his parents.
"People are still watching you," he said. "You can't do what
you want."
Monthly cost of renting in the UNM area
Studio: $350 to $499
One-bedroom apartment: $325 to $550
Two-bedroom apartment: $500 to $650
One-bedroom house: $490 to $510
Two-bedroom house: $535 to $995
Three-bedroom house: $850 to $1,450
Source: UNM Office of Off-Campus Housing
Tips for renters
Be careful choosing roommates
Everything should be in writing
Make sure the length of the lease fits your needs
Do not sign a lease if anything in the unit does not function, or make sure it's written into the lease that it needs to be repaired by a
specific date
Don't move into a property without signing
the lease
Get off the lease if you move out of a place your roommates continue to lease
When you move in, write down all imperfections and take pictures
When you move out, clean the apartment and remove all your belongings
You have three days after being evicted to collect your belongings
If your landlord has not made a reasonable attempt to fix a problem seven days after a complaint is made, you can take legal action
If the landlord wants to keep the security deposit, he or she has 30 days to provide a list of damages and the cost of repairs. If you don't get the list in a month, the landlord cannot keep your deposit, as long as there are no past-due rent or utilities charges
Give a 30-day notice before you plan to
move out
Source: Real estate attorney James Chavez and real estate manager Bill Cornelius
