NEW: BP Podcast 66: Flips, Apartments, & Protecting Yourself From Professional Tenants with Michael Blank

Hide this

From the BiggerPockets Blog

 BiggerPockets Blog »

Jump to Forum View All

Click a category below to view different forum categories.

BiggerPockets

General Info

BiggerPockets Q&A, Site Questions, & Announcements

1513 topics, 14391 posts — Last Post 04/18/14, 03:41PM

BiggerPockets Exclusive PRO Area

117 topics, 839 posts — Last Post 04/18/14, 05:47AM

New Member Introductions

10881 topics, 85554 posts — Last Post 04/18/14, 04:16PM

Real Estate Success Stories

394 topics, 6132 posts — Last Post 04/18/14, 01:18PM

General Real Estate

General Real Estate

Buying & Selling Real Estate

5935 topics, 46758 posts — Last Post 04/18/14, 04:17PM

Renters

643 topics, 5820 posts — Last Post 04/18/14, 08:38AM

Get Foreclosure Help - Help Stop Foreclosure Forum

316 topics, 2557 posts — Last Post 04/16/14, 03:58AM

Home Owner Association (HOA) Issues & Problems Forum

237 topics, 1609 posts — Last Post 04/17/14, 08:53AM

Do it Yourself

654 topics, 6263 posts — Last Post 04/18/14, 10:24AM

Reviews & Feedback

Real Estate Deal Analysis and Advice

3672 topics, 29438 posts — Last Post 04/18/14, 04:14PM

Real Estate Guru, Book & Course Reviews and Discussions

1133 topics, 11556 posts — Last Post 04/18/14, 03:01PM

Ask About A Real Estate Company

740 topics, 7318 posts — Last Post 04/18/14, 11:52AM

Real Estate Investing

Real Estate Strategies

Wholesaling

5602 topics, 43719 posts — Last Post 04/18/14, 04:13PM

Rehabbing and House Flipping

3331 topics, 30978 posts — Last Post 04/18/14, 04:03PM

Real Estate Development & New Home Construction

552 topics, 4681 posts — Last Post 04/18/14, 01:34PM

Innovative Strategies

703 topics, 6027 posts — Last Post 04/18/14, 08:48AM

Tax Liens, Notes, Paper, & Cash Flows Discussion

866 topics, 6671 posts — Last Post 04/18/14, 02:53PM

Rent to Own a.k.a. Lease Purchase, Lease Options

691 topics, 4871 posts — Last Post 04/18/14, 03:32PM

1031 Exchanges

143 topics, 1054 posts — Last Post 04/18/14, 08:41AM

Foreclosure Investing

General Foreclosure & Pre-Foreclosure Forums

1687 topics, 11286 posts — Last Post 04/18/14, 01:32PM

HUD, VA, and Tax Sales

414 topics, 3089 posts — Last Post 04/18/14, 12:05PM

REOs

1214 topics, 10570 posts — Last Post 04/17/14, 02:28PM

Short Sales

1534 topics, 13120 posts — Last Post 04/17/14, 04:44PM

Landlord & Tenant Forums

Landlord & Rental Property Questions

7200 topics, 70702 posts — Last Post 04/18/14, 04:13PM

Mobile Homes & Mobile Home Park Investing

638 topics, 5140 posts — Last Post 04/18/14, 03:22PM

Investor Basics

Starting Out

7697 topics, 60409 posts — Last Post 04/18/14, 02:17PM

Investor Psychology

431 topics, 6102 posts — Last Post 04/18/14, 02:56PM

General Real Estate Investing

4714 topics, 37173 posts — Last Post 04/18/14, 03:25PM

Real Estate Investor Marketing

1730 topics, 14092 posts — Last Post 04/18/14, 01:03PM

Commercial Real Estate

Commercial Real Estate Investing Forum

1409 topics, 8983 posts — Last Post 04/17/14, 06:13PM

Multi-Family and Apartment Investing

1107 topics, 9211 posts — Last Post 04/18/14, 03:43PM

The Business of Real Estate

Real Estate Technology and the Internet

Real Estate Technology, Social Media & Blogging

639 topics, 4885 posts — Last Post 04/18/14, 02:57PM

Business Basics

Goals, Business Plans & Entities

831 topics, 7561 posts — Last Post 04/18/14, 12:21PM

Real Estate Finance & Legal

Financial, Tax, and Legal

Tax, Legal Issues, Contracts, Self-Directed IRA

2785 topics, 20001 posts — Last Post 04/18/14, 03:01PM

Property Insurance

309 topics, 2045 posts — Last Post 04/17/14, 07:41PM

Personal Finance Discussion

328 topics, 2730 posts — Last Post 04/17/14, 04:56PM

Loans, Mortgages, Credit Lines

Private & Conventional Lending Discussion

2832 topics, 19692 posts — Last Post 04/18/14, 02:17PM

Creative Real Estate Financing

1208 topics, 8764 posts — Last Post 04/18/14, 11:02AM

Crowdfunding Real Estate

35 topics, 460 posts — Last Post 04/18/14, 12:02PM

Real Estate Professionals

Real Estate Professionals

Real Estate Agents

1208 topics, 7976 posts — Last Post 04/18/14, 01:31PM

Bankers, Lenders, and Mortgage Brokers

441 topics, 1922 posts — Last Post 04/18/14, 09:39AM

Contractors

267 topics, 1677 posts — Last Post 04/18/14, 01:58PM

Local Real Estate

Local Real Estate

Local Real Estate Networking & Recommendations

1986 topics, 11599 posts — Last Post 04/18/14, 08:46AM

Americans & International Real Estate

161 topics, 566 posts — Last Post 04/14/14, 11:19AM

Foreigners Buying in the USA

62 topics, 409 posts — Last Post 04/10/14, 06:27AM

Canadian Real Estate

64 topics, 428 posts — Last Post 04/18/14, 04:22AM

Marketplace

Real Estate Marketplace

Real Estate Marketplace

15012 topics, 53936 posts — Last Post 04/18/14, 04:00PM

Real Estate Events and Happenings

163 topics, 2493 posts — Last Post 04/18/14, 04:15PM

Off-Topic

Off Topic

Off-Topic

2904 topics, 32407 posts — Last Post 04/18/14, 01:46PM

Housing News & Real Estate Market

914 topics, 8351 posts — Last Post 04/17/14, 08:41AM

BiggerPockets Real Estate Investing Summit

97 topics, 1751 posts — Last Post 04/10/14, 02:27PM

BiggerPockets Resources

Forums » Landlord & Rental Property Questions » Questions about odd rules for college student tenants?

Questions about odd rules for college student tenants?

15 posts by 8 users

Signup

Real Estate Investor · Huntington Beach, California


I've heard many former students tell me some odd rules in apartments run by universities. One is that student are given individual leases even if they are roommates. Two is that the management can decide to 'remove' a student roommate from a lease for good cause.
In regular rental business I've never heard of having individual leases for a group of roommates sharing an apartment. Also I've always heard a landlord should let roommates sort out their own issues, that it was bad business for a landlord to try to decide which roommate was good and which was bad. So what gives? Are these odd rules true, and if so why do university associated apartments follow these rules?



Real Estate Investor


I'd bet these rules vary tremendously from place to place.

I think from a collection standpoint, you're best to have one lease with multiple people guaranteeing it - so if one kid flunks out, etc., everyone on the lease is on the hook for the bill, so you get paid regardless.



Accountant · Lake Villa, Illinois


@Mark Hu,

The leases you are referring to are for complexes run by the school itself. The university is just placing the students in that "dorm room"(the apartment). Your lease should always include everyone living there. You want as many people liable as possible.

-Steven the Tax Guy


Small_hta_logoSteven Hamilton II, Hamilton Tax and Accounting
E-Mail: [email protected]
Telephone: (224) 381-2660
Website: http://www.HamiltonTax.Net
-Steven the Tax Guy Hamilton Tax and Accounting LLC (224) 381-2660


Real Estate Investor · Huntington Beach, California


My wife's cousins is in a bad roommate situation, and her roommate has a separate lease. Several of my wife's friends, recent college graduates, have agreed as students they all had separate leases even when living together. It is strange to me too, but it sounds like a general rule in school complexes.



Real Estate Investor · Audubon, Pennsylvania


The university in the roommate/dorm situation is not operating apartments, but rather a rooming house. Not unusual to use different approaches for each of those. In a rooming house, you want to be able to part ways with any single roommate without having to oust all others; in an apartment, you want all occupants to be obligated to perform to the lease terms.


Steve Babiak, Redeeming Properties, LLC
Telephone: 6109082183
...


· Austin, Texas


One tricky aspect is how the grounds are divided on a college campus. Most times if it the property sits on the college's large amount of land, their administration will have the final say. Check to see how far the university's hand stretches out.



Residential Landlord · Indianapolis, Indiana


There are privately owned student rentals that also do individual leases with each tenant. They assign a room to each student and the kitchen and living space are common area.



Real Estate Investor · Huntington Beach, California


That does make sense.
What about what my wife's friends are saying about being able to 'take a student off the lease'? In a rooming house can the manager personally remove a roommate like that who is behaving badly?



Real Estate Investor · Huntington Beach, California


Although in the lease my cousin in law is responsible for the entire rent for the 2 bedroom apartment. This doesn't sound like a rooming house situation to me.



Real Estate Investor · Huntington Beach, California


I will see if I can get some information from the university. Thanks guys.



Real Estate Investor


Mark, so long as it's university property, this may be of some help.

I went to a pretty strong academic school and heard of several stories from people I trust about how parents calling the school got some outrageous results, grades being upped, etc. I'm not sure of all of the details of the situation or your desired end result, but a phone call from the student's parents to the right person could go a long way. My school feared upset parents more than just about anything.

The only caveat to this: if the roomates selected eachother to live with, I don't see them feeling too sorry for her. If they were assigned, then you're on to something.

Let us all know how it shakes out.



Real Estate Investor · Huntington Beach, California


I will.
We are also guarantor for this apartment!



Real Estate Investor · Bloomington, Indiana


Mark...I make my student renters sign one lease (for reasons mentioned above). I do get separate checks for rent, but I make them send in rent at same time as roommates. One lease per unit seems to work best. Good luck!



Real Estate Investor · Portage, Michigan


Originally posted by Mark Hu:
I will.
We are also guarantor for this apartment!

Mark,
This is sounding more like a typical student rental situation. If each tenant is responsible for the total apartment rent, then there must be a "joint and several liability" clause in the lease. If that is the case, then there must be one lease for the apartment. Most landlords do this as well as have a guarantor for each tenant. That way, they have the best chance of collecting. That being said....going back to your original post, the landlord should not be able to remove a tenant and place a new tenant in the apartment without the other tenant's approval. If the tenant violated a major clause in the lease such as drugs, firearms, etc. that would be cause to remove at least them, and with joint and several liability, all of the tenants. The remaining tenants would have the option of picking up the "ousted tenant's" share of the costs or finding a new tenant themselves if the whole apartment was not evicted.

I'm still not sure if this is a University owned apartment or a private apartment.

Good Luck,
Bill



Real Estate Investor · Huntington Beach, California


The property is called Piedra del Sol, the land is owned by the university (SDSU) but the management there is independent.
The management had the roommate sign a sublease, which is annoying. The Peidra del Sol management basically told me they will not penalize the roommate (her school record) at all unless my cousin in law defaults, and then they both get punished together.
What kind of system is this? Any roommate with no guarantor has no motivation whatsoever to pay rent.





Sign up