Students who plan to rent an apartment need to be aware of the many laws that apply to tenants.

According to federal law, The Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status and disability. However students are not a protected class in themselves and may be denied application on that fact alone.

Landlords must fulfill all state laws, municipal ordinances and health codes. A landlord may never lock you out of your dwelling without court authorization or keep a security deposit without good cause. It is also illegal for a landlord to charge a late payment fee in excess of $15 or 5 of your rent or fail to maintain the dwelling in habitable condition.

When signing a lease, keep in mind problems that may arise in the future. Would-be tenants should add necessary provisions to cover cases of emergency and sublets. People who are signing a long-term lease need to consult a lawyer to draft a provision to allow for an unexpected lease termination upon reasonable notice. This protects the renters in cases of emergency or premature departure from the university.

When signing a 9 or 12-month lease, renters should make sure to have a written agreement with the landlord covering subletting options. Any changes to the original lease agreement should be in writing.

“As it says in our lease statements, this community does not discriminate against race, color, religion, sex, national origin, handicap or familial status,” Assistant Community Director of Crosswinds apartments Ceri Hagerty said.

In month-to-month rentals, a landlord may only charge one and one-half month’s rent as a security deposit. For longer leases, a landlord may charge only two month’s rent as a security deposit.

Security deposits belong to the tenant and should be returned upon successful completion of the lease agreement.

Apartments should be inspected with a witness. Taking photographs of the apartment’s conditions can protect tenants from unfair security deposit withholding. Compile a list of all damages and sign the list in the presence of a public notary.

Damage should be reported to the landlord immediately. Carefully record if, how and when repairs are made. This will be credible evidence in case a small claims suit needs to be filed to recover the security deposit.

All damage to a rental is equally shared among tenants, and roommates may be held individually responsible for the full cost of repairs even if they did not cause the damage.

In 1989 New Hanover County adopted an ordinance that forbids three persons not related by blood, adoption or marriage to live in the same dwelling without acquiring a special use permit. If more than three people live in a dwelling, they could be accused of running a fraternity or sorority house, which carries a $50 fine per day if the violation continues. This is also a legitimate excuse for eviction.

Cohabitation is another law that tenants need to be aware of before signing a lease. It states that it is illegal for an unmarried couple to live together. Though cohabitation laws are rarely enforced, it could be used as a legitimate excuse to refuse an applicant or to evict tenants.

Students are not always welcomed applicants, particularly undergraduates. Certain management companies and landlords in Wilmington will not allow a parent to be a co-signer on a lease agreement. Some also may demand a minimum yearly income as part of their application requirement.

“When I was looking for an apartment, some landlords required that I make at least $40, 000 a year to even get a tour of the complex,” junior Brian Volpicelli said.

Still, there are plenty of landlords that welcome students. In order to save time, call beforehand to ask about application requirements to see if a certain apartment complex or house rental is open to students.

For more information about Wilmington Housing Laws call Off-Campus Housing at 962-3119.

If you are discriminated against for any reason listed under federal law, contact the New Hanover County Human Relations Commission at 341-7171 or the local Housing Authority at 341-7747.

Most of information above was provided through the UNCW Off-Campus Housing Guide at www.uncwil.edu/stuaff/doso/comm/guide/. This site provides a full listing of contact numbers including legal services, health department numbers, city and county building code enforcement agencies and other public groups.