Each fall thousands of new students come to Tallahassee to begin or continue their college careers.  It is a time of great excitement in our community and in the lives of the students.  Because on-campus dormitory space is limited, and often lacks desired amenities, a significant number of students seek housing off-campus in the Tallahassee rental market.

My office provides free consultations to parents and students who encounter legal problems in their landlord tenant relationships.   Additionally, we also offer a free lease review to any student who has questions regarding a lease he or she is considering signing.

Because I have advised and represented many students in landlord tenant disputes I have become familiar with the common questions and issues that arise in student housing disputes.  I have listed below some of the general rental issues students encounter and what I consider to be very general information for any student or parent considering an off-campus rental.   This information is not intended to be legal advice.  The particular facts of your situation can greatly influence the application of the law to your situation.  I encourage any person dealing with a landlord-tenant conflict to consult with an attorney.

• Read, understand, and keep a copy of the lease agreement.  Leases are binding contracts that either party can seek to enforce in Court.   Residential lease agreements are almost always drafted by the landlord, in order to protect his or her interests.  However, you have the right to negotiate the terms and conditions of a lease including price, duration, and deposits with the landlord and to walk away if you cannot reach agreement on the terms.  Additionally, the Courts will not always enforce every provision contained within a lease agreement.  If a lease contains a provision that is contrary to public policy or the requirements of the residential landlord tenant act, it is unlikely that it will be enforced.   It is absolutely essential that the renter receive and keep a signed copy of the lease agreement immediately.  I am constantly amazed at how many young people will sign leases without receiving or keeping a copy.

• Landlord’s failure to repair or maintain the premises.  This is an extremely common issue.   A landlord has a duty to maintain the residential rental property such that it remains inhabitable throughout the entire lease period.  This obligation may not appear in the lease, but it is implied as a matter of law unless disclaimed in the lease agreement (I would argue that even such disclaimers may not be effective as a matter of law).  This obligation is referred to in the law as the warranty of habitability.  Simply put, this means that the landlord promises the residential tenant that the premises will be suitable for living in.  Failure to properly maintain the rental premises is probably the most common breach of a lease agreement by a landlord.  A tenant faced with a situation where a landlord fails or refuses to repair a defect that renders the premises uninhabitable must take certain steps in order to protect his or her rights.   First and foremost, demand for repair must be made, in writing, to the landlord or property manager.  The tenant must keep a copy of this demand.  Delivery of the notice should be either by hand delivery or certified mail, and if at all possible, by both.   If the landlord does not respond to the initial demand to make the necessary repairs, then the tenant must proceed as required by rules of Chapter 83 of the Florida Statutes.  A tenant cannot simply withhold rent or breach the lease agreement by moving out, although these are very tempting reactions.  In order to terminate the lease agreement a landlord must be provided with a “Notice of Breach and Seven Day Notice” which specifically informs the landlord of the necessary repairs and that the failure to make the specified repairs is a breach of the landlord’s lease obligations.   The notice further informs the landlord that the tenant will terminate the lease if those necessary repairs are not completed within the seven days following delivery of the notice and that the landlord will be liable to the tenant for damages resulting from the landlord’s breach of the lease.  Strict compliance with the provisions of the law regarding proper notice and opportunity to cure the defect is required in order for the tenant to effectively terminate the lease agreement.  Failure to strictly comply may result in the tenant being liable for payment of rent for the duration of the lease period.

• Foreclosure of the Rental Property.  Increasingly, tenants are finding themselves in rental properties that are subject to foreclosure.  Tenants who are current with their rent payments to the landlord are being served with foreclosure complaints as a result of their possessory interest in the rental property.  Understandably, this creates many questions for the tenant regarding the validity of their lease, whether or not they should continue to pay rent to the landlord, or whether or not they will continue to have a place to live in the future.   In 2009 Congress passed the Protecting Tenant’s At Foreclosure Act” which provides important protections for residential tenants faced occupying properties subject to a foreclosure action.  This statute, which is scheduled to expire in December 2012, provides important requirements in the form of notices and time frames to protect against a tenant being forced into the street with little or no notice.  However, a tenant served with a foreclosure notice should consult with an attorney to discuss the particular facts of their situation and to ensure that their rights are protected.

• The Hazards and Pitfalls of Private Dorms and Multi-Student Housing Complexes. In recent years the Tallahassee housing market has seen a proliferation of private dormitories.  The hallmark of these complexes is that they rent rooms in apartments where other students also rent rooms and there is a shared communal area containing a kitchen and living room.   These complexes often offer many amenities at very attractive monthly rental rates, making them appear to be a great bargain.  However, there are many pitfalls to these properties that students and their parents need to be aware of.  First and foremost, the tenant often has little to no control in choosing who he or she will be rooming with.  Although, these complexes market themselves as student complexes, they will frequently rent to non-students.  In some instances students have found themselves living with parents and infant children, older adults, or individuals who are engaged in unlawful activities.  The lease agreements commonly waive landlord responsibility for the actions of the fellow tenants and students often find their complaints falling on deaf ears.  Additionally, the lease agreements for these complexes often impose joint and several liability for any damage to the common areas of the rental unit upon all tenants.  This means that the landlord can look to a single student to pay the entire damage amount, regardless of who caused the damage or the failure of a fellow tenant to pay his or her fair share.  Also, commonly seen with these complexes is a requirement for a parental guarantee such that the parent becomes liable for the damage.   When considering a private dorm or multi-student housing options it is absolutely crucial that the tenant very carefully read and understand the lease, and to investigate the reputation of the particular property.