Student housing: dealing with one student trying to break lease

[Logan Koch]

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.   

[Marc Winter]

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'.