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Lease Signing Problem

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LdiJ

Senior Member
I live in Georgia and I signed a lease to move in August and so did my roommate. My husband did the application to move in and then they sent him the lease. My roommate and I's leases have been countersigned and completed. They just contacted my husband saying that because he is not a student that he would have to rent the whole apartment and we would have to pay 3x the rent of that for him to live together.
They never stated that it was a student only apartment complex, also if his application was not approved then they should not have sent the lease to him.

Basically I am just wondering if there is anything we can do or if I should just find a sublease, cut the loss and move on.
If they are saying that your husband has to rent the whole apartment for 3 times the roommate rate, then I think that would be the same as the three of you each paying the roommate rate. Your roommate would then be his sub tenant. If they are going to do that, then they need to be willing to cancel the separate leases that they executed for you and your roommate.
 


dallisona

Member
But, and I am waiting for their reply to me asking, that makes him responsible for any and all damages if there are any caused by the other roommate and leaves him responsible for the roommates rent if he doesn't have it. That was the plus of separate leases.
 

quincy

Senior Member
But, and I am waiting for their reply to me asking, that makes him responsible for any and all damages if there are any caused by the other roommate and leaves him responsible for the roommates rent if he doesn't have it. That was the plus of separate leases.
Usually leases will make each individual tenant responsible for the whole of the premises, even if separate leases are signed.

In other words, your husband could be held liable for damages to the rental regardless of who caused the damage, just as you and the other tenant can.
 

not2cleverRed

Obvious Observer
It is student housing, my roommate and I are students and my husband is not. Unfortunately in this town the options are either student housing or low income housing and not too many options for non students.
Their reasoning is apparently because if one of us (the students) move out they can't put another student in that unit because he is not a student. But since my roommate and I are co-ed, they also wouldn't be able to put anyone in that 3rd bedroom that is supposed to be his.
They never said it was student only prior to signing, they even asked him if he was a student when we went and toured to which he said he was not. And if his application was not approved why send him a lease? Sending someone a lease sounds like their application was approved.
I suggest that you go up the "food chain".

If this is a small enough institution that there is no "married student housing", then there may be some other sources on campus that can help you.

Contact your campus ombudsman, Provost or dean. (Dean of students, or similar position.) While no one in these offices may have the ability to help you directly, they would have a better idea of where to direct you.

This may be something that you may want to bring before student government - you may not be the only one with this problem. Just out of curiosity, how do they deal with students who have minor children?
 

LdiJ

Senior Member
I suggest that you go up the "food chain".

If this is a small enough institution that there is no "married student housing", then there may be some other sources on campus that can help you.

Contact your campus ombudsman, Provost or dean. (Dean of students, or similar position.) While no one in these offices may have the ability to help you directly, they would have a better idea of where to direct you.

This may be something that you may want to bring before student government - you may not be the only one with this problem. Just out of curiosity, how do they deal with students who have minor children?
Are you assuming that this is campus housing? In college towns many privately owned apartment complexes write roommate leases. Its just good business for them. They rent out each bedroom in an apartment separately and the non bedroom areas are common areas. Often each bedroom will have its own bathroom attached as well.
 

quincy

Senior Member
Are you assuming that this is campus housing? In college towns many privately owned apartment complexes write roommate leases. Its just good business for them. They rent out each bedroom in an apartment separately and the non bedroom areas are common areas. Often each bedroom will have its own bathroom attached as well.
It was said to be student housing.
 

FarmerJ

Senior Member
You and roommate have valid leases SO do your leases allow the LL to change terms mid lease or not ? Last so when you searched your states laws did you discover if your state laws require the LLs signature to be binding or not ?
 

not2cleverRed

Obvious Observer
Are you assuming that this is campus housing? In college towns many privately owned apartment complexes write roommate leases. Its just good business for them. They rent out each bedroom in an apartment separately and the non bedroom areas are common areas. Often each bedroom will have its own bathroom attached as well.
OP said the issue was that it's student housing and that OP's husband does not qualify because he is not a student.

The issue seems to not be the husband's income; this is not low income housing.
 

LdiJ

Senior Member
OP said the issue was that it's student housing and that OP's husband does not qualify because he is not a student.

The issue seems to not be the husband's income; this is not low income housing.
I didn't suggest that it was low income housing. I suggested that because the landlord is willing to rent the entire apartment to the OP's husband that it is private housing rather than campus housing.
 

dallisona

Member
Yes it is private off campus housing. He exceedex the income requirements (3x rent). Most options here are off campus student housing, we currently live at one. Thank you all, we have found a local lawyer that we are going to go to since it is easier to figure it out in person and more familiar with the local laws. Thank you all for the advice.
 
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