Apartment Lease Question Arising From Corona Virus Uncertainty

Eric Patterson

Eric Patterson

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Should I sign a 12 month lease for my son next school year, and campus classes are once again cancelled mid term due to the Corona virus, would there be any way an apartment lease could be broken? I'm tired of paying rent on an empty apartment. The property manager says we cannot get out of the lease, but I am wondering if any of the new rules coming out by the federal and state governments in any way provides a way out of this situation. I seriously doubt it but just thought I'd ask. By the way, this is not university housing.

Eric
 
Does the apartment lease have an "acts of god" clause? Usually an exemption that the landlord is not responsible due to unforeseen circumstances like wars,tornadoes or acts of god to providing the housing. You may want to request a clause be inserted about no penalties if the government causes a lockdown.

Rick
 
Eric if your son has moved back home during this fiasco, then I would not. Rumor mill from my buddy is that there is serious consideration of moving to online only for at least the next 6 months..maybe longer
 
My daughter also goes away to college, but she's doing her year in the sorority house for the fall, so we're kind of covered as her payment won't be due until after we know if the university is planning on opening for campus classes. A couple of other Big 10 schools have announced their plans for the fall(be open), and I have a hard time believing that hers won't also. But I could be wrong. To get a definitive answer, you will need to speak to someone in real estate, but I would think that would have to be spelled out in your lease. That's a very tough decision for you, does your son still have an option for campus housing? That would be the safer play, although obviously not his first choice.
 
As someone who has traveled and worked away from home I've had to terminate several leases over the past 30 years. Typically it takes a written 60 day notice and one months rent and you loose you damage deposit. I can't speak for what you were told about not being able to break your lease but under the circumstances I would consult an attorney with a public housing background. There should have been a section in your lease agreement that covers "In the event your lease is terminated"
 
That's a tough one.
Like others noted, check the lease termination wording, most say you can give 30-60 day notice but you are still responsible for rent until someone else leases it.
It's hard to believe that in a college town the apartment complexes are not being more understanding. But then they are losing their asses financially too.
We were lucky that Youri was in a dorm this last year and his lease for next year does not start until August 7th.
Even if they switch to online classes for Fall, he is going back to Huntsville so that he has access to the facilities.

Rumor is that Auburn is planning on resuming classes in the fall.
The AD even says they will have football, even if there are no have fans in the stadium.
 
It depends on the state and the contract. I've broken one and it was lose a deposit and a months rent, overall it was very amiable since she was able to have work done on the apartment that was usually leased on fixed timed annual leases (= no time to work on it) and get it re-rented on my dime.

I'm sure that if the university is online, there will be a lot of people in that situation and a lot of vacancy with no demand.

Most universities aren't going to do much for decisions until July from what I'm hearing. In reading our state plan, I don't see how we will be able to comply and have students on campus. There are a lot of options being floated, including alternating who is on campus when.
 
Appreciate everyone's input. This year we will have paid 12 months rent and Thomas only lived there 6. Feels like flushing money down the toilet and it could be as bad or worse this upcoming school year. I did check into campus housing and they are booked with a waiting list so that really isn't an option at this point.

I read the lease and it does not look like there is anyway for me to terminate it early and avoid the remaining rent due. I need to research the Alabama renter laws to see if they provide any means of terminating early and what payments would be due, e.g. 60 days rent. The below section of the lease does seem to say that there can be outside forces that can allow us to break the lease, but I can't tell if Covid-19 shut-downs fall under the stated reason "governmental regulations". I'm guessing the reasons stated below are more along the lines of the apartment can't be safely inhabited or is lacking basic services. Closing campus classes and going to online ones wouldn't prevent someone from staying in the apartment.

Basically I think there is no alternative, other than taking a "gap year" or staying home and taking the few remaining classes he can at the community college which will delay him taking needed classes for applying to the "Professional Component" of his intended degree in Building Science. He doesn't want to do either, so I will likely sign the lease and flush money down the drain.

Thanks again for your inputs.

Eric

Anything in this Lease to the contrary notwithstanding, Lessor shall not be deemed in default with respect to the delivery of actual possession or quiet enjoyment of the leased Premises, nor shall Lessor be deemed in default in the performance of any of the terms, covenants, provisions or condition of this Lease to be performed by Lessor if any failure of Lessor's performance shall be due to fire, storm, flood, rain, freeze, ice storm, earthquake, accidents, explosion, civil commotion, war, terrorist operations, invasions, rebellion, hostilities, military or usurped power, sabotage, governmental regulations, statutes, laws, ordinances or controls, labor unrest, picketing, strikes, walkouts, lockouts, windstorm, inability to obtain any material or service, power outage or act of God, or any other cause whatsoever beyond the reasonable control of the Lessor and Lessor shall incur no liability damages or monetary penalties or obligation in any of such causes.
 
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Eric, I?m in the same boat. I?m paying on an empty apartment for my daughter. I spoke with her landlord and was told that I?m responsible for the rent unless I can sub lease it. It stinks but I have no repercussion.
 
Tom

I signed the lease. Really no way around it given University housing booked and all the realty companies require a year lease, as best as I can tell. Also, Thomas doesn't want to sit out his Jr. year and I don't blame him. If he goes to online classes he'll live at home, if not he'll be there. Either way he's getting closer to graduation and if we weren't dealing with Corona we'd still be paying. If I had a kid who was a true freshman in these circumstances they'd go to community college their first year. Makes the most sense given all the uncertainly with campus classes and housing.

Eric
 
Eric,

Can't he stay at the apartment even if online continues? My daughter is out in NY and just stays in the apartment. She's headed to Illinois in August for her master's program and not being able to go was not even a question. I'm thinking the worst case scenario is a self quarantine period. Just my thoughts.
 
In Delaware, they have rules that say no evictions due to non payment of rent and no seeking back rent plus courts are closed. I am dealing with a renter who has decided to take advantage of the rules so I would say that is an option.

I hate being a jerk but the rules are there in some states.

Rick
 
Troy

Yes, he could stay at the apartment while taking online classes. But he can live at home and do that and it won't be $800 a month. If we didn't have to sign the lease now we'd wait until school started and sign if classes were on campus. But if we wait he very well could lose his place and then have nowhere to stay. The fundamental problem is the housing decision must be made long before an announcement about campus classes will be made.

Eric
 
Greetings Eric,

I?m in the same boat. Young Tom will be a senior this fall. As an upper classman he was/is not eligible for on campus housing (the school refunded room and board for on campus). The best we had this semester with his lease was a two month rent penalty to cancel his lease (with two months left of the year). His school is now saying they they will be open for classes in the fall. We?re juggling, if they don?t open in the fall but are open for the spring what are the options?

Please keep us in the loop of your findings.

Best of Luck!

Tom
 
We've already signed our lease for this coming Fall Semester at UAH as well.
Even if school is online classes, our son will be going back up to Huntsville so he has access to the school resources, be around friends, etc.
His 529 funds will cover rent & utilities, so might as well.
Plus it will keep him & his mom from getting on each others last nerve 10 times a day......
 
Carl & Tom

Our lease has been signed. Thomas didn't want to take the fall off and we don't want to risk not having housing, plus he has two great roommates and that would fall apart. We have some 529 funds to cover expenses, but not enough. So the rest is loans and out-of-pocket. If I didn't have a meeting in a few minutes I'd probably start on my runaway college cost speech and how the government started this whole mess.

Eric
 
We will be in the same boat in his Senior year. Barring picking up a competitive scholarship, his 529 and Coverdell savings acct will run out of funds the end of his junior year.
So, he'll be taking out loans to cover the rest.

Hard to believe that full-time tuition when I got to Auburn in the Fall of 1988 was around $500/quarter, fees were ~$150.
My efficiency apartment was less than $200/month and that include water/sewer/garbage & basic cable.

Now, tuition & fees is around $10K per year & room & board is ~$12K at UAH.

I'm not sure where the huge increases in college costs came from but the State legislature practically de-funding higher education sure didn't help.
 
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