Leases 101

What is a Lease?

Many students do not realize that, when renting for the first time, 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. 

Different Lease Types

There are different types of leases: some may be for an entire apartment or house, while others are for an individual, 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 essential to find a trustworthy roommate, because if they miss a payment or cause damage, the landlord may look to you to make up the shortfall.

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 to negotiate or amend a lease, though keep in mind that both parties must agree on the specific change and document it in writing. If a tenant has questions about their lease, they should ask the landlord before signing.

Lease Duration

Most landlords in the South Bend/Mishawaka area require 12-month leases. Some offer 10-month leases, and a 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, please make sure the lease you sign includes a sublease provision. If you would like to post your sublease, please click "my account" and follow the instructions to post a listing.

Additional Tips

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). Avoid an arrangement in which one roommate serves as the sole lessee and holds a second lease for the other roommate(s). Please do not enter into a loose oral agreement with your landlord or roommate(s).