Court Story Final

Amongst other things, most students are almost guaranteed to leave college with two things-- a degree and lots of debt. However, the costs that college students are raking up these days are not what they used to be. A growing number of disputes between landlords and tenants are creating a much bigger hole in students’ wallets.

According to Oshkosh Student Association attorney Erik Forsgren, landlord related disputes are the most common problem at the university. Every year, between 150 and 200 people stop into Forgren's office on campus to discuss conflicts in their landlord- and tenant- relationships.

“There are probably dozens of other disputes between tenants and landlords, but we can only get so many people in here during the year,” Forsgren said.

Although cases like these rarely get adequate attention, many students have been directly affected.

In a court case closed October 6, 2004, Winnebago County Court Commissioner Karen Seifert found two UW-Oshkosh students liable for unpaid fees after a long and heated dispute with their landlord.

Sarah A. Sobczak and Nicole M. Dimond were ordered to pay a total of $3,272 after their landlord, Jeff Wicinsky, of Ultimate Properties sued them for the late payments of their missing roommate, Jennifer Shimon.

"I don't know where Jen is," Dimond said. "Sarah and I haven't been able to contact her in months. I wrote a letter to her dad, but he doesn't want to take responsibility for the situation either."

In an effort to reach an agreement, Dimond, Sobczak and Wicinsky met for mediation in September, but were unsuccessful in resolving their conflict.

Wicinsky said that he did not include Shimon in the suit because she repeatedly gave him false addresses.

"If you can't have her served, you can't sue her," he said.

What makes it possible for Wicinsky and other landlords to come out victorious in these types of cases is something called joint and several liability.

“With joint and several liability, the tenants are held coequally responsible for the entire rent payment,” Forsgren said. “It gives the landlord the option of suing anyone on the lease, and it will be anyone he can get his hands on.”

In this case, because Shimon is unaccounted for, Dimond and Sobczak must pay her part of the rent.

"Sarah and I just got screwed," Dimond said. "We're college students without any money and we can't afford to pay for someone else's debt. I have my own debt. This whole experience is just a huge slap in the face."

As for now, Dimond and Sobczak are doing nothing to pursue their case.

According to Forsgren, the most important thing for students to do before moving into a house or apartment is to get to know their roommates.

“One deadbeat can put everyone else in a real rough situation,” Forsgren said. “You have to be really careful when choosing who you are going to live with.”