Comments about their response
Posted in Lifeon May 17, 2005
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.)
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- Tags: housing, University Villa
