University offices clarify subleasing options
February 11, 2003
Students living off campus who decide to sublease their apartments can run into many problems due to misconceptions, officials say.
According to Iowa State Student Legal Services and First Property Management in Ames, many students don’t fully understand the terms and their responsibilities set out in sublease agreements.
“The No. 1 misconception students have is that when they sublease their obligations are completed. If they think that way, they can be in for a surprise,” said Paul E. Johnson, attorney for ISU Student Legal Services.
A student tenant subleasing out to another person still has a lease with his or her landlord, and they’re bound to that lease until its termination date, Johnson said.
“What happens most of the time is [students] sublease, find another place, move in and think that they don’t have any obligations or responsibilities anymore to their prior lease,” said Mike Frisk, property owner for First Property Management in Ames.
Problems students may face include having to pay for rent and damages caused by the person they sublet to, Johnson said.
Students can learn more about subleasing and off-campus housing options by attending the Off-Campus Housing Fair from 10 a.m. to 2 p.m. Tuesday in the Great Hall of the Memorial Union.
Tina Even, junior in elementary education, has placed an advertisement in the Daily for a sublease on her apartment. She said she was not aware that she could be held responsible if the person she subleases to does not pay rent.
“I just assumed that when a new lease is written up for whoever I sublease out to, that my name would be taken off of the original lease,” she said.
There is no way for a renter to get out of paying for rent or damages caused by a person renting out from them, unless stated in the lease agreement, Johnson said. Students can, however, change their responsibilities under the sublease agreement, but only if the landlord agrees, which is unlikely, he said.
Frisk said the leases given out by First Property Management run from Aug. 1 to Jan. 31 of the next year. The majority of people coming to First Property Management looking for an apartment come during the middle of leases. So, most students coming to them end up subleasing because most of the apartments First Property Management has available already have a lease on them, Frisk said.
The only time a student will receive a new lease is if they come in around the time that leases expire or if there is an empty apartment that doesn’t have a lease on it, he said.
“To me, subleasing is finishing out a lease. Students should realize that finishing up a current lease means that [a student] accepts and agrees to be bound to the already planned out terms of that lease,” Frisk said.
Another misconception that causes problems for students is that not everyone has to agree with who enters into the sublease agreement, Frisk said. All parties have to agree with who will be the new tenant, he said, and the sublease is also subject to approval of the owner. If all parties don’t agree then the sublease agreement becomes null.
“[Subleasing] seems like it’s always hard, because of the difficulty in trying to find someone who is willing to live in an apartment with three or four other guys the person doesn’t know,” said Jake Schaapveld, junior in civil engineering who has a subleasing advertisement running in the Daily.
Students can go to ISU Student Legal Services and have their lease agreements examined and be advised on their rights and responsibilities, Johnson said. He said if students are educated to their rights and responsibilities under the agreement and know the law, then students can be successful in their dealings with landlords. He said not everything has to end up in litigation.
“Most often, the students we consult on issues of sublease agreements tend to deal with matters themselves. However, if a student finds that [he or she] is in compliance with their responsibilities under the lease and that the landlord isn’t fulfilling [his or her] part of the agreement, then [ISU Student Legal Services] can help that student in resolving the matter,” he said.
Johnson said students who have questions should consult with ISU Student Legal Services and shouldn’t rely solely on landlords for advice.
“If students don’t understand their lease agreement, then I certainly think it would be a good idea to go to ISU Student Legal Services. It’s up to that student to know fully what they’re getting into,” Frisk said.