Student housing: dealing with one student trying to break lease

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Student housing: dealing with one student trying to break lease

Logan Koch
Pittsburgh , PA · Member since 2018 · 7 posts · 1 vote

Dealing with an issue of one tenant within a student housing property wanting to break the lease and move out. I had a parent call me saying their student and another student living in the property were in a verbal argument, where the parents student was threaten by the other. They are moving him out breaking the lease and asking for a full refund for the fall semester. 

We have in our lease the ability to evict a student causing a hostile environment. Which based on the story I'm getting, this would be a good option. My question is since they have already moved their student out and are asking for a refund what is the best course of action? Legally is this a situation a lease can be broken, and returned the rent they have paid?

We do not want any hostile situation to come about in our properties, and would step in and evict a tenant causing a hostile environment. However, it seems they are set on getting a refund and not returning to the property if an eviction would occur.   

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Marc Winter
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
7y

The words "jointly and severally" should be in all your leases, along with parents as cosigners.  That means if one student defaults/moves, the rest of the students are responsible for the vacating student's rent.  

If/when the room vacated is filled with another paying tenant, then perhaps I would consider a pro-rated refund.

I mean, really--a student got into an argument (non-physical) with a roomie and then their reaction is they took their toothbrush and blankie and went home?  Sounds like this college student needs a course in Human Interactions 101.

Lastly, you mention that you don't want "any hostile situation to come about in our properties".  I don't know any landlord that would want that, but every landlord will have to deal with it.  Read your lease and stick to it.  

Unless you witnessed the argument/threat, I'd keep out of it and do my job, which is providing clean and safe housing (the physical-housing part--no tripping hazards, for example), not playing social worker or referee for college kids who likely were stoned/drunk during this 'argument'.

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  • Marc Winter
    Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    7y

    The words "jointly and severally" should be in all your leases, along with parents as cosigners.  That means if one student defaults/moves, the rest of the students are responsible for the vacating student's rent.  

    If/when the room vacated is filled with another paying tenant, then perhaps I would consider a pro-rated refund.

    I mean, really--a student got into an argument (non-physical) with a roomie and then their reaction is they took their toothbrush and blankie and went home?  Sounds like this college student needs a course in Human Interactions 101.

    Lastly, you mention that you don't want "any hostile situation to come about in our properties".  I don't know any landlord that would want that, but every landlord will have to deal with it.  Read your lease and stick to it.  

    Unless you witnessed the argument/threat, I'd keep out of it and do my job, which is providing clean and safe housing (the physical-housing part--no tripping hazards, for example), not playing social worker or referee for college kids who likely were stoned/drunk during this 'argument'.

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    7y

    @Logan Koch  I agree with Marc.  You don't know what happened and I'll bet drinking was involved.  See if you can find another person to rent the room.  Parents have a way of meaning well, but causing more problems.

    1Reply
  • Anthony Wick
    Rental Property Investor · Ankeny, IA · Member since 2017 · 2k+ posts · 3k+ votes
    7y

    @Logan Koch

    Police Report filed? No? No refund.

    2Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    You allow the tenant to break the lease when there is a legitimate threat to their safety. Getting into a verbal altercation is not enough and they need to grow up. At a bare minimum, there would have to be a police report, in which case I would be more likely to evict the guilty party rather than let the victim walk away.

    Tenant is voluntarily breaking their lease which means they are in violation. They can continue paying rent until a replacement tenant takes over, period.

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  • Account Closed
    Contractor · San Diego, CA · Member since 2018 · 432 posts · 221 votes
    7y

    @Marc Winter educational and funny

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  • Mike Franco
    Los Angeles, CA · Member since 2013 · 555 posts · 261 votes
    7y

    no refund. educate the parents so they don't pull this sh again elsewhere. 

    sometimes bulldozer/lawnmower parents will back up their kids no matter how foolish they were. Parents think you might be a pushover, but stand your ground.

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  • Logan Koch
    OP
    Pittsburgh , PA · Member since 2018 · 7 posts · 1 vote
    7y

    @Marc Winter, @Theresa Harris, @Anthony Wick, @Nathan Gesner, @Mike Franco

    Thank you all for your input! The reassurance that we do not have to get involved in this matter, and to stick to the lease is very appreciated. Getting started as a Landlord this was not a situation I thought about having to be in the middle of. 

    Great Learning experience on how to handle these types of situations in the future with less stress haha. 

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