Student Lease FAQs

What Is a Lease?

A lease is a legally binding contract between you and the apartment. This contract will spell out the legal requirements and limitations for both you as the tenant, and the apartment owner as the landlord. A lease is a binding document that is very hard to cancel once you have signed it. You cannot just leave your apartment and lease when you no longer need housing. It is your responsibility to find someone to take over your lease and they will need to sign a sublease agreement with the property before you are no longer responsible. If you fail to comply with this requirement, the apartment may take legal action against you, and leaving without notice may result in large monetary penalties. Make sure you read the lease thoroughly and understand what it says. If you have questions, always ask. If you are unable to understand the language in the lease, discuss the terms with a parent or guardian, or contact a lawyer. Southern Arizona Legal Aid may also be able to provide assistance.

Common Lease Terminology

  • Apartment Lease: A lease for the whole apartment/house Individual lease or a lease for your specific bedroom. Many student housing complexes lease by the bed.
  • Fixed Term Lease: A lease for a specific length of time. Check if the lease is for the academic or calendar year.
  • Month-to-Month: You and the landlord have the right to terminate the lease at any given time if one gives proper notices to the other party. Notice must be given at least 30 days before the next rent payment is due.
  • Written Lease vs. Verbal Lease: Always get your lease in writing. That way, there is no misunderstanding as to what you have agreed to. No changes can be made during the term of the lease, unless both the landlord and tenant agree to the changes in writing.

What Should You Know Before Signing a Lease?

Before you sign anything, be sure to read through the entire agreement and ensure you fully understand your lease! Tour the place you are considering before you sign the lease. Use the apartment comparison worksheet and property condition checklist to evaluate various properties. Your lease will define exactly what you can and cannot do while living there. Once you sign it, you have legally agreed to all of the terms. Violating the terms of the contract may have legal ramifications. It is critical that you know what you can and cannot do while living in your apartment. If you do not leave your apartment in the same condition as when you moved in, you may be required to pay for damage or excessive cleaning charges. Some examples include holes in the wall, stains on the floor/carpet, walls painted without permission, or trash or food left behind. Apartment leases are rarely negotiable. If you are uncomfortable with a particular apartment’s lease terms, you will probably need to check out another apartment. To avoid disputes during your lease term, read the contract before you sign! You will know exactly what is expected of you and what you are able to do. Carefully check the apartment for damages and inspect all appliances. When you are ready to move-in, you will most likely be given a checklist or room condition report. Use this form to identify any existing damage, whether appliances are working or not, or any abnormal circumstances. If you do not complete this form when you move-in, the landlord may assume the damage was caused during your lease term and charge you for the damage fees. Make sure you keep a copy of the condition assessment form and give a copy to your landlord.

What if You Need to Break Your Lease?

Before taking steps to try to break your lease, take into consideration:

  • The Reason: If your reason for wanting to move out has anything to do with not liking your neighbors or your apartment, you will most likely be stuck paying high fees.
  • Proof: If you have a legitimate reason for needing to break your lease, come prepared to show your cause on paper. You must be able to provide proof of your situation.
  • Alternatives: Consider all your options. Is there really no way for you to be happy in your apartment and do you really have to leave before your lease expires?
  • Subletting: Is subletting your apartment an option? Are there additional costs required to do that? If you are allowed to sublet, ask friends if they may be interested and post your space.

What Documents Do You Need to Sign Your Lease?

As a student looking to rent an apartment, most apartments will want the following documents:

  • Proof of ability to pay or good credit history – this generally takes the form of a credit check on you or your guarantor
  • Copy of Passport
  • Social Security Number (SSN), I-20, or DS-2019
    • If you do not have a social security number, it’s okay. Apartment complexes may instead ask for an international bank statement that can show a translated amount in USD, proof of income such as a financial aid letter or parents bank statement, or a deposit and possibly first month’s rent when you sign your lease