Off-Campus Student Support

One important step before signing a lease is researching the prospective landlord. There are a number of resources available to help you in this search. No single source has complete information about a landlord. The best approach is to gather information from several sources and see if a trend emerges. Here are some options:

1. Better Business Bureau - This website provides information on landlords and property management companies, including a letter grade and complaints the BBB received.
2. Internet search. Conduct a general internet search for a particular property, landlord or management company. Check the results to see if they include helpful information such as news articles or reviews.
3. ApartmentRatings - This website is easy to navigate and includes information on price, location, and reviews.
4. Yelp - Search terms that work well include property management and apartments.
5. UJS Portal - Pennsylvania courts have docket information online. Search both the Magisterial District Court and Common Pleas dockets to see whether the landlord has been in court either as a plaintiff or defendant and how those actions were resolved.
6. Current or Prior Tenants - Actual tenants are a great source of information about day-to-day life. Some questions to ask: Did they have trouble getting their security deposit back? Were maintenance requests handled promptly? Did the desk staff treat tenants respectfully? Was the apartment in good condition upon arrival?
7. View Unit - Some apartment complexes will only show a model unit. Others won't assign a specific apartment until later in the process. Ask to see the actual unit wherever possible. Even if the individual unit is not available for viewing, a tour of the building can still provide insights into the general condition and maintenance of the property.

If you already know your future roommates, great! If you don't, consider meeting them in person. Most landlords won't get involved or move you if there's a conflict between roommates. And many leases in town are 'joint and several' liability, which means the landlord can hold one roommate responsible if the other stops paying rent.

Many local landlords and properties can offer accessible units to students with disabilities. Connect directly with the landlord or property manager to learn specifics about their available accessible units.

• Do not pay in cash, cash equivalent, prepaid Visa cards, MoneyGrams or wire transfers.
• Meet the landlord or property manager and view the apartment.
• Insist on a written lease, and ensure the lease identifies the owner or agent.
• Conduct basic research on the landlord, property owner and unit.
• Be aware of market rates. If a deal sounds too good to be true, it probably is.
• Don't accept a check from a new roommate and pay the money over to someone else for them - you're probably paying the scammer and the original check will eventually turn out to be fake.
• Trust your instincts.

Damages caused by previous tenants may exist in any rental. The inspection or damage checklist is very important to complete, as it is a way of protecting your security deposit against claims of damage that existed prior to your living on the premises.

Tenants and landlords should complete a damage checklist before moving into and out of a rental unit to document that both parties agree on the condition of the rental unit and to reduce misunderstandings.

Once your checklist is complete, you should sign and date the original, have two or three witnesses who are not your roommates sign/date, and submit to your landlord for signature and date. Retain one copy for yourself and give the other copy to the landlord. If your landlord refuses to sign the damage list, you may want to have your signature notarized for date verification.

Take pictures or use video recording to document the damages and general condition of the premises.

When moving out, check the lease and any move out packet to ensure the apartment has been thoroughly cleaned per the rental agreement. If possible, ask the landlord to walk through the apartment with you.

Key Spaces and Things to Inspect

• Kitchen: Refrigerator, Stove, Exhaust Fan, Garbage Disposal, Sink, Cupboards (inside and out), Lights, Electrical Outlets, Flooring, Ceiling, Walls, Windows, Window Treatments, Closet (pantry), Other.
• Living Room: Flooring, Ceiling, Walls, Windows, Window Treatments, Closets (if applicable), Lights, Electrical Outlets, Furniture (if applicable), Other.
• Dining Room: Flooring, Ceiling, Walls, Windows, Window Treatments, Lights, Electrical Outlets, Furniture (if applicable), Other.
• Bathroom(s): Flooring, Ceiling, Walls, Windows, Window Treatments, Toilet, Sink, Tub/Shower, Tile/Grout, Lights, Electrical Outlets, Closet, Other.
• Bedroom(s): Flooring, Ceiling, Walls, Windows, Window Treatments, Closets, Lights, Electrical Outlets, Furniture (if applicable), Other.
• Basement: Flooring, Ceiling, Walls, Windows, Window Treatments, Lights, Outlets, Appliances, Dryness, Other.
• Hallways: Flooring, Ceiling, Walls, Stairways, Closets, Lights, Other
• Outdoor Areas: Sidewalks, Railings, Porch/Steps, Doorbell, Mailbox, Lights, Other

Amount of the Deposit

During the first year of a residential lease, the law limits the amount that may be required for a security deposit to no more than two months' rent. Once you are in the second year of a lease, only one months' rent can be required for a security deposit. If the security deposit is over $100, the landlord is required to tell you the name and address of the financial institution where the money is deposited.

On funds held for more than two years, any amount over $100 must be deposited in an interest-bearing account. When money is required to be deposited into an interest-bearing savings account, the landlord is entitled to receive one percent of the interest on the account for administrative expenses; the balance of the interest paid must then be returned to the tenant annually after the second anniversary date of the commencement of the lease.

If the tenancy exceeds five years, the landlord can not raise the amount of security deposit being held, even if your monthly rent has gone up.

Return of the Deposit

When you move out, be sure to turn in your written forwarding address to your landlord. The landlord then has thirty days to provide you with an itemized list of any damages for which they are withholding money, and any balance due to you from your security deposit.

The landlord can only keep your security deposit for unpaid rent and actual damages.

If an item in the apartment needs to be replaced due to damage, the price of the item should be depreciated to reflect the age of the item. The landlord cannot ask for the price of a brand new replacement item.

If you disagree with the landlord as to damage or charges, send a letter by certified mail to the landlord, property manager, and/or owner of the unit. Keep this letter professional and explain exactly which charges you disagree with and the amount of your deposit you think you are entitled to receive.

Most leases in the State College area allow the landlord to decide whether to allow you to sublet or assign your lease. Be sure to check your lease, and, if required, get permission from your landlord before subletting, including short term sublets like Airbnb. Assignments of your lease will always require the involvement of your landlord.

Subletting

When you sublet your apartment, you sign a contract with your subletter and you become their landlord. Your original lease does not go away. If your subletter does not pay rent or damages the apartment, the landlord can hold you responsible.

Enter into a sublet agreement cautiously--you have more financial risk in these arrangements than just the rent. If you decide to sublet, get the agreement in writing. Rental contracts are not simple documents; to ensure you have a valid contract, work with an attorney. Student Legal Services is not able to draft or review sublet contracts.

If you do sublet, you are a landlord, and must follow Pennsylvania law. This includes things like whether you have the right to enter the apartment, what you can do to evict someone for non-payment of rent, how you manage any security deposit in accordance with Pennsylvania law, and what you must do if the tenant leaves personal property behind.

Lease Assignments

An assignment of your lease means that the new person enters into a contract directly with the landlord, but you are still responsible for the rental payments or damages. When the term "assignment" is used locally, it typically refers to a lease novation. That is, most assignment contracts will also release the original tenant from their original obligations under the lease, so that, if the new tenant damages the apartment or fails to pay rent, you are not responsible.

Ready to head out of town for a while? Complete this checklist to make sure you protect your space and your rights.

1. Review your lease to verify if there are any expectations from your landlord that are explicitly stated. Common lease provisions relating to extended breaks include notifying your landlord when you will be gone and specific measures to prevent pipes from freezing. If anything is unclear, you can consult an attorney through Student Legal Services for a free lease review.
2. Keep your heat running to ensure pipes do not freeze and cause damage. If your lease doesn’t specify a required minimum temperature, a good rule of thumb is to keep the temperature set to around 55 degrees. Follow the terms of your lease if it specifies additional measures designed to prevent frozen pipes such as leaving cupboard doors open or setting the faucets to a small drip.
3. Dispose of any food items that will expire while you are away. Take out the trash and wash and put away dishes.
4. Unplug electrical items that will not be in use. You can leave major appliances like refrigerators and stoves plugged in.
5. Make sure anything flammable like furniture, clothing, or bedding is pulled away from heat sources.
6. Check for leaks or other maintenance issues and report them to your landlord or maintenance.
7. If you have renter’s insurance, verify that it is active and up to date. If you don’t, consider purchasing a policy that covers personal property and liability.
8. Lock all windows and doors and ensure sliding doors are secured.
9. If leaving a vehicle behind, make sure it is locked and remove any valuables. Verify that it is parked in a location where it will not be ticketed or towed.  
10. If you have a trusted friend or neighbor who will still be in town over break, ask them to check on your apartment while you’re gone.    

Centre Region Code Enforcement can inspect a rental unit for structural conditions, maintenance, health, and safety. They can be reached at 814-238-2633

The Commonwealth of Pennsylvania's Attorney General's office investigates consumer complaints. The Attorney General's office does not have to act on any complaint you make. If you make a complaint to the Attorney General's office, it will help them identify trends, and, if they identify a trend, they may investigate further.

Mediation is a form of dispute resolution. It requires that both parties willingly come to the table to discuss the dispute. If the parties are willing to participate, mediation has a high success rate. Mediation can help preserve relationships, is more private that using the court system, and allows for creative solutions.

If one party to the dispute is a Penn State, University Park student, the University offers free mediation services through the Office of Student Accountability and Conflict Response Mediation. The Center for Alternatives in Community Justice is a local non-profit that offers mediation services on a sliding fee scale, based on ability to pay.

• For legal information to help you take a case to court yourself, try palawhelp.org. This website compiles information from legal services agencies across the state and is geared towards self-help litigants.
• Penn State's Student Legal Services offers free referrals, advice, or consultation to Penn State students. Note that this office can only provide referrals in situations where another Penn State student is an adverse party.
• The Centre County Bar Association offers a listing of local private attorneys organized by practice area.