Student Housing Leases
What To Do With Your Student Housing Lease
As universities around the nation are announcing their plans for remote instruction for Fall 2020, college tenants are having to make tough housing decisions whether they live on campus or off campus. If you choose to remain home, but already have housing commitments for Fall 2020, you still may be able to get out of your housing contract/lease.
On Campus
Check your school’s cancellation policy. Each campus has a different one. Many campuses are allowing students to cancel their on-campus housing contract, but they may all have different deadlines, refund policies, and cancellation fees. Keep in mind, large university systems such as the University of California and California State University housing policies may differ between the campuses.
Off Campus
These apartment leases are outside of campus policy and do not depend on student enrollment. They depend on landlord-tenant law. To get out of an off campus apartment lease, take the same steps as getting out of a residential lease.
Steps before attempting to break or negotiate lease
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Check lease for attorney fee provision. If present, this means the tenant is responsible for the landlord’s attorney fees if the issue goes to court and the judge requires the tenant to pay.
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Check lease for force majeure clause, “Acts of God” clause. This clause allows leases to be cancelled if circumstances arise that are beyond a party’s control, thus making the obligation impossible to fulfill, in situations such as a global pandemic or natural disaster.
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Determine if a change to the lease must be signed by all parties.
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Decide with roommates if you want to ask for a rent reduction or other arrangement, or to cancel the lease entirely.
Cancelling your lease
If you decide that you want to cancel the lease entirely, be sure to give your landlord a standard 30 day notice. The notice will give landlords enough time to find a new tenant as soon as possible. You cannot be charged unpaid rent if the unit has been re-rented.
You can also use your entire security deposit towards the last month’s rent. In this scenario, tenants can give a 60 day notice and still remain in the unit during that time. Typically, this is not recommended because landlords can respond with an eviction but California currently has a statewide eviction moratorium meaning tenants cannot be evicted at the time.
Maintaining and negotiating your lease
If you decide to maintain the lease and want to negotiate, begin by reaching out to your landlord. Utilize the leverage you have as a tenant; landlords are not going to be able to easily re-rent during this time. You are also able to ask for a rent reduction. For students, it can be temporary until classes resume.
Consider subleasing/subletting which you rent out your apartment to someone else for a period of the original lease. San Francisco allows tenants to make a one-to-one replacement. In the case one roommate wants to move out, the remaining roommates are allowed to find a replacement. Los Angeles does not have this requirement, but speak to your landlord regardless. An additional consideration is many landlords do not allow for subletting under their lease. It is important to read your lease thoroughly if you are considering subletting and discuss with your landlord before making a decision.
At Tenants Law Firm, we understand the tremendous strain brought by this pandemic. Our lawyers are committed to helping you during these trying times. If you or anyone you know are struggling with housing issues, please fill out our intake form here and we will get back to you shortly.