First, the security issue. They said the contract says they are not liable, but if you read closely, it actually says they are:

Landlord shall not be liable for any damages or losses to person or property caused by the student, other persons, the elements, fire, theft, or other catastrophes unless the same is due to the negligence of the landlord.

To me, if they are working on the apartment, and break something, they were negligent about protecting the property are responsible. If they are working on the apartment, and they leave it unlocked, they are negligent about securing the property and are responsible.

Furthermore, they say that anything of value should be taken to the “crash” apartment. I consider all of my belongings valuable, so I would have to do a complete move, which they are claiming that we aren’t doing.

They claim they will post after hours numbers. The off-campus housing handbook requires them to provide at least two contacts. As of this morning, they still have no contact information posted in their office, nor in writing to the residents.

They said they were providing an equal apartment, but our apartment has only one bed frame and no desks. We told them about the bed frames Saturday, and they said they would have them in there first thing Tuesday, but they have not provided them. We’ve also noticed the smoke detector doesn’t work in the apartment.

They’ve made claims that they’ve been advertising this since March. Its true that they have a big banner across the street and one over the office advertising that there would be remodeling done. But not until Wednesday afternoon did they disclose to us, in writing, that we would be displaced from our apartment by the following Monday morning.

Also note this paragraph in the contract:

Upon 7 day’s written notice to the student, the landlord may transfer the student to an equally suitable apartment or room other than originally assigned for the purposes of consolidating students or other justifiable reasons. In all cases where the landlord transfers students for the landlord’s own purposes, the landlord agrees to pay telephone transfer fees and nonrefundable utility hookup fees, if any, plus $40 per person to cover other costs of moving.

They have made offers to allow the residents to stay in their “crash” apartment. I wonder if they are intending to pay the $40 for this move. Probably not, because they probably consider the move the student’s choice.

However, an apartment two purposes: to provide a habitat for the resident, and to store the resident’s property. Without water, the apartment does not provide a livable environment for the resident, and according the their new “no liability” statement, the apartment cannot be used to safely store property. Without these two things, the apartment has no use to the resident, and the resident must then fully move out if he wishes to be accomidated with the two purposes of an apartment I listed. Will University Villa pay, in this case, the $40 because of the requirement to fully move to protect both interests? (If that makes sense.)

Here are points that University Villa made in an email response to the letter I sent them (quotes indicate actual wording):

• “We, as landords, are very concerned also that you have a good experience while living here.”
• “Although your specific apartment is still unusable, we are providing to you an equal apartment for your use.”
• “The residents that will only be here for the Spring term will be very inconvenienced during this, but we honestly have no other choice.”
• “There are several residents who expressed excitement to us when we mentioned we would redo their bathroom, but now are upset.”
• “There is a level of inconvenience for this project, but we are doing it because we were asked to by the residents.”
• “such renovations were not disclosed in the contract”
• “Our responsibility as a landlord is to provide to you an apartment.”
• “the contract does mention that we have the right to move you if necessary.”
• “We will not amend our contract.”
• “You will have the choice of paying the utilities in your “crash” apartment, or in your normal apartment.”
• “We are still providing you a place to live, and if you would like, you can completely move to that new apartment for the remainder of your contract.”
• “We are already spending $1.5 million on this project for the residents, and assume that is enough compensation.”

This next whole paragraph was very interesting, I thought, so I’ve included the whole thing, emphasis added:

Finally, as far as security in your apartment, we suggest that you bring anything of great value with you to your crash apartment. Anything else, you can put in your bedroom, which we will not step in. We will not assume any liability for theft, as says the contract. We will take all precautions that we can, and if you want, we will walk through and take an inventory with you, but if there is anything you are worried about, you will need to take that to your crash apartment. We will be sure to have an after hours number posted on our office door as well, and your apartment will be just as clean as it was when we started. The only area that will be changed is the bathroom, and that will be in much better condition.

May 15, 2005

Dear University Villa,

This letter is in response to the green notice you provided us on May 11, 2005, in which you described the renovation process which will begin on May 16, 2005. It is disappointing that this first written notice has been presented only 5 days before the renovation process, and we hope that further communication will be more timely.

This renovation process, as described, will result in the apartments not suitable for residence during the two week process. Among other things, the apartments will not be suitable for residence, as described in your notice, for the following reasons: Read the rest of this entry »