Senator targets landlords on repair bills

? A state senator is taking aim at unscrupulous landlords whom he claims dupe tenants into obligations for costly repairs.

But a spokesman for Lawrence landlords says the lawmaker is off the mark and that his group will fight the proposed remedy to the problem.

Supplemental lease agreements that include repair and replacement charges once a tenant moves out would be unenforceable under proposed legislation to be heard today.

Sen. Derek Schmidt, R-Independence, said Thursday that landlords frequently coerce tenants into signing a “Notice of Termination.”

These notices are often presented by landlords as routine documents that must be signed by the tenant in order to provide official notice the tenant plans to vacate, Schmidt said.

But by signing the document, the tenant, usually unknowingly, agrees to pay high repair and replacement charges once they move out, he said.

“Large apartment chains are employing pre-printed ‘Notice of Termination’ forms to dupe unsuspecting tenants into agreeing, in writing, to additional terms beyond their original lease,” Schmidt said.

“This sort of business practice is sneaky, unfair and should be prohibited.”

He noted that such a law would have a big effect in Lawrence, which has about 17,000 rental units.

Landlords say they will oppose Schmidt’s legislation, which will be heard by the Senate Judiciary Committee.

“We feel this would be more to the benefit of the tenant,” said Bob Ebey of Lawrence, who is vice president of Landlords of Lawrence Inc. and legislative liaison to the Associated Landlords of Kansas.

Ebey said there is nothing underhanded about supplemental lease agreements.

Schmidt said he has no problem with landlords requiring the charges, but they should be part of the original negotiation.

Schmidt said he proposed the bill because of a personal dispute with a landlord in Topeka, and a case where he legally represented a student at Kansas University. Both instances dealt with the “Notice of Termination.”

The notice given to him essentially gave the apartment manager the authority to charge Schmidt anything to clean or repair items in the apartment. He refused to sign.

In the case involving the KU student, the landlord charged the student and his roommates $4,000 for cleanup and repairs, when an independent estimate said the cost was closer to $1,000, Schmidt said.

The students had to pay the $4,000 because they had signed the “Notice of Termination,” which included in small print the costs the landlord would charge, Schmidt said.