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Off campus living’
Student leases detailed
By CHRIS KLING
Student Legal Advisor
This article is the fourth in a series focusing on the
landlord-tenant relationship. Subsequent articles
will cover: roommates, raising rent and forums for
complaints.
A recurring problem in the landlord-tenant area
concerns the right and liabilities of a student-tenant
when a roommate moves out. For example, four
student-tenants rent a single apartment and all four
sign the rental contract/lease. Two months later one
student-tenant moves out, for any of a variety of
reasons. Important monetary questions then arise
concerning responsibility for future rent, liability
for past and future damages to the premises, and
return of security deposits.
WHEN A STUDENT-TENANT signs a rental
contract/lease he becomes legally obligated accord
ing to the terms and conditions contained in the
written provisions of each lease. Generally, each
tenant who signs is individually responsible for the
full amount of rent, cost of repairs for damages and
any additional sums justifiably assessed against the
leased premises.
The group of student-tenants, as roommates, is
collectively responsible for the' identical sums. If
one student-tenant moves out, the three reamining
student-tenants are obliged by the rental con
tract/lease for the full amount of the rent. If three
student-tenants move out then the remaining one is
obligated to pay the full amount of rent. If one
student-tenant damaged the premises and then
moved out the owner could justifiably charge those
remaining with the costs of repairs. The remaining
student-tenants would have the right to be reim
bursed by the student-tenant who caused the dam
age but court action may be required.
While those student-tenants remaining upon the
leased premises are responsible to the owner, the
student-tenant who moved out is responsible to his
former roommates and to the owner. The student-
tenant who vacated the premises is obligated to pay
bis share of the costs specified in the lease, i.e.,
rent, damages, etc. This obligation is owed to the
owner as well as to the other student-tenants.
The student-tenant who is required to pay an
additional sum because one or more roommates
have moved out has a legal right to collect this sum
horn the former roommate. In some situations it
might be necessary to file a lawsuit to enforce this
legal right. However, the student-tenant s legal
right should he tempered by the practicalities of the
situation. The vast majority of students are “judg
ment proof, i.e., do not have* sufficient cash or own
sufficient non-exempt property which could he sold
by the sheriff, to pay a money judgment obtained in
a civil lawsuit. So if one student-tenant sues another
for his share of the rent, and wins that lawsuit, the
judgment obtained probably could not be collected
at the present time.
FREQUENTLY, the apparent solution to the
problem is to find a replacement for the roommate
who moved out. Depending upon the facts .of the
particular situation, such a solution may not he the
best one available. Vernon’s Annotated Civil Sta
tutes, Art. 5237, prohibits subleasing or assignment
of leased premises, unless the consent of the land
lord, his agent or attorney is obtained first. Virtually
all rental contraet/leases state that the student-
tenant “may not sublet or rent to other parties with
out written consent of the landlord.” Subleasing
without written consent would he a breach of the
rental contraet/lease and grounds for eviction of the
sublessee, i.e., the replacement.
When the student-tenant is confronted with a
roommate who is moving out, the best approach is
to inform the manager and/or owner of the leased
premises. He should request assistance in finding a
new roommate, if necessary.
Some managers will allow tenants to move from
one apartment to another, sign a new lease and re
lease them from any liability under the prior lease.
Talk with the manager and the Hassle Free Repre
sentative and try to work out such a solution.
THE MOST advantageous solution for the
student-tenant who is moving out is to have the
existing lease destroyed, with the new occupant
signing the new lease, though this is rarely done.
Once a new roommate is found, the manager will
want him to sign a lease.
This is not a true sublease. The signing of a lease
by the new roommate only increases the number of
persons obligated for the rent of the leased premises
by an additional person. In a true sublease situation
the agreement is between the sublessor (former
roommate) and the sublessee (new roommate), with
the latter being obligated to the former. If the man
ager or owner refuses the destroy the existing lease
then the student-tenant who is moving out should
request permission to sublease to the new occupant.
This permission must be in writing.
To be certain that each student-tenant under
stands the right and responsibilities of his room
mates and to avoid problems later, it is advisable to
enter into a roommate agreement or sublease con
tract.
Missing art is recovered
.. United Press International
HOUSTON — A federal magis-
f ate Tuesday, set a $500,000 bond
or a Frenchman charged with in
state transportation of five al-
e g f aly stolen paintings, including
on e said to be a Renoir.
any Wachs, 45, was arrested by
: v 1 a f ents Friday. Three paintings
ere ' oun (l in his hotel room and
two more were recovered later from
a department store, agents said.
The paintings valued at $100,000
were reported stolen last July by
their owner, Danielle Artar of Paris.
She told French authorities she
had turned 18 paintings over to
Wachs for authentication.
U.S. Magistrate Norman W.
Black approved Assistant U.S. At
torney Dan Kamin’s recommenda
tion of a high bond because Wachs
had previous convictions.
Officials said French authorities,
who sent investigators to Houston to
try to determine the authenticity of
the paintings, have yet to file an ex
tradition request.
THE BATTALION Page 5
THURSDAY, OCTOBER 27, 1977
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For more details on this program, ask your
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OFFICER PROGRAMS OFFICE, NAVY RECRUITING DISTRICT, 713-224-5897
NAVY OFFICER.
IT'S NOT JUST A JOB, ITS AN ADVENTURE.
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