Buying and Selling BYU Housing Contracts

1. Contact the Landlord

Because your landlord is responsible for maintaining the rental property according to the lease/rental agreement, you should first discuss it with your landlord. Many landlords aren't aware of the existence of problems until the renter notifies them. The renter has an obligation to inform the landlord of such problems. If your landlord agrees to make the repairs, ask for a date by which the repairs will be completed. If the landlord says you may make your own repairs and will reimburse you or allow you to deduct the costs from a rent payment, get such an agreement in writing. Always remember to be courteous in discussions with your landlord. Maintenance problems fall into three categories: (1) emergencies, (2) major problems and (3) minor problems. Emergencies are situations that require immediate action (within 24 hours) because they pose a threat to the health and safety of the residents. Leaking gas, flooding, and no heat in winter are examples of emergencies. Major problems are conditions which affect the quality of the residential premises but do not pose an immediate threat to the safety of the residents. Examples: deficient heating in a portion of the house, a clogged drain, and a defective water heater. A landlord is allowed more time to make repairs that are not emergencies.

If after your initial discussion with your landlord, you feel that she or he may not cooperate, write your observations in a letter and mail it to him or her, and keep a copy for your files. Restate the problem and mention the previous discussion. State that you will take action if the problem isn't resolved promptly.

2. Keep Records

It is very important that you keep a written record of maintenance problems. A written record will help track whether or not your landlord is responding promptly to your requests. A written record will also prove invaluable if you have to go to mediation, arbitration, or court because the landlord did not comply with your requests. Here are some records you should keep:

• Defects list: Keep a written list of the defects, the date you first noticed them and the date you notified the landlord. Give a copy of this to your landlord.
• Journal: Make a dated entry for each defect. Make notes on each conversation you have with the landlord, in person or by phone. Be specific. Note the date of the conversation, where it occurred and whether there were any witnesses to it. Write down what you said and what the landlord said. Write down the times the landlord, caretaker, or repairman came to inspect the defects or to work on them. Note when the work was started and when it was completed.
• Temperature records: If one of your problems is inadequate heat, buy a thermometer and check the temperature in several rooms each day. Keep a record of the temperatures in your journal.
• Photographs: Take pictures of all the visible defects in your rental unit and the common areas of the building (if it contains more than one unit). Write the nature and location of the defect on the back of each picture, the name of the person who took the picture and the date on which it was taken. Keep copies of the negatives.
• Copies of letters: If it becomes necessary to send letters to your landlord or anyone else about this matter, keep copies for yourself. To insure that your letters are all received, send them certified mail, return receipt requested.

3. What If the Landlord Won't Make Repairs?

If you live in a BYU-contracted rental facility, you should report the problem to the BYU Off-Campus Housing Office, but only after (1) you have adequately informed the landlord of the problem, (2) you've given the landlord a reasonable time to repair, and (3) the landlord has failed to act. Depending on the severity of the problem, the BYU Housing Office can take action against the owner even to the point of disapproval, if warranted. In addition to the sanctions of the BYU Off-Campus Housing Office, you may be able to take action against the landlord for breach of contract if there is sufficient cause. Rental agreements of university contracted housing off campus have an arbitration clause which empowers the BYU student-tenant to demand a hearing before the BYU Housing Arbitration Board for redress against the landlord. The decision of the arbitrators can be enforced through university sanctions and in a court of law. Consult the Off-Campus Housing Office for advice on how you should proceed.

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