Leases 101

What is a lease?

What many students do not realize when renting for the first time is that a lease is a legally binding contract. This means that both the tenant and landlord will be legally bound to the terms stipulated in the lease.                   

There are different types of leases, as some may be for an entire apartment/house while others will be for a specific room or space within the apartment/house. Tenants may also be held jointly and severally responsible for the terms of the lease. This means that a tenant and any roommate(s) are jointly responsible for any charges, rent, or damage to an apartment. The landlord has the right to pursue tenants individually or collectively to receive payment. It is important to find a trustworthy roommate, because if they miss a payment or cause damage the landlord may look to you for the missing income.

Tenants should always read the lease carefully and understand the type and terms of the lease before signing. The lease will outline the responsibilities of the landlord and tenant and should answer many of your initial questions about the property.

It is possible for a lease to be negotiated or amended, though keep in mind that  both parties will have to agree upon the specific changes and note it in writing. If a tenant has questions about their lease, they should ask the landlord before signing the lease.

Most landlords in the South Bend/Mishawaka area require leases for 12 months. Some offer 10-month leases, and few offer flexible or short-term leases (e.g. 3 or 6 months). Since there are so many 12-month leases, subleasing for the summer months is a common practice in the area. If you plan to sublease, make certain there is a sublease provision in the lease that you sign. If you would like to post your sublease, please click on "my account" and follow the instructions for posting a listing.

Whenever possible, communicate and negotiate directly with a landlord. Make sure your name is on the lease and that you are the tenant of record along with your roommate(s). Stay away from an arrangement where one roommate acts as the sole lessee and has a second lease for the other roommate(s). Do not enter into a loose oral agreement either with your landlord or with your roommate(s).