Lease Agreements for Student Accommodation: A Comprehensive Guide

What is a TP Student Accommodation Lease Agreement?

Lease agreements for student accommodation are a type of lease contract between the landlord and tenant. They govern the terms of occupancy, specifically for residential units that are used by students. In Canada, they are subject to each province’s respective Residential Tenancies Act. All the provisions of a standard residential tenancy agreement apply to a student accommodation agreement. There may be additional terms included in the specific tenancy agreement that relate to rules specific to the residence, however, in most respects the two types of tenancy agreements function similarly. The lease agreement for student accommodation should outline the rights , obligations, and expectations of both the landlord and tenant as it relates to living in a residential unit that is occupied by students.
It should include details such as the location of the unit, the rental rate or cost of the residence, the start and end date of the lease period, and payment and rules surrounding payment and use of common facilities. Other things that should be included in the agreement are whether there is a pet policy, maintenance and upkeep expectations, and termination provisions.
A lease agreement for student accommodation can be created or reviewed by Realty Law Canada.

The Essential Components of a Student Lease Agreement

These necessary elements include:
Duration: The duration of a student housing lease is typically for one full year (i.e., twelve months). A shorter-term lease is often not an acceptable arrangement for a landlord as leasing for a short period of time would produce additional expenses of advertising for new tenants each year.
Rental Amount: The rental amount can be addressed in two different ways. First, the amount can be broken down into monthly payments that are due on the 1st of each month. Second, the full twelve-month rental amount can be paid all at one time upon signing the lease agreement and the rent will be prorated monthly to reflect a lower rental amount per each subsequent month signed.
Security Deposit: In most states there are strict laws that govern the amount of a security deposit that can be charged. Often, a security deposit is required in order to reserve the property for occupancy. The balance of the deposit is typically paid over the first few months of occupancy. Furthermore, the law requires a written plan for how the security deposit funds will be maintained and what conditions must be met for their return at the end of the lease.
Co-Signers: Parents or guardians often co-sign for their student occupants. The lease should state that the tenant is the main renter, but has co-signers that are financially responsible for the tenant’s rent.

Student Rights & Responsibilities

Informed students are happy students, and students who are aware of their rights and responsibilities under a lease agreement are better prepared to have a positive rental experience. Simply put, bullying, harassment, intentional damage to the property and other such behavior will simply not be tolerated. Be well aware of the fact that property owners and managers are very serious about the process of eviction, and those are named on the lease will suffer the consequences. Be purposeful in your actions, especially when you are on the premises or even entering into into discussion with your landlord about problems that you are having. If you are a student, your apartment lease is your home AND your responsibility. Understanding what is required of you is part of your role as a responsible tenant, so make sure to do your due diligence. When all is said and done, your property will be kept in good condition. We expect you to uphold your end of the bargain. The advantages of… Of course, everyone agrees that the advantages of student housing are numerous, and many of can think of a half dozen off the top of our heads. An apartment complex that is populated by 20 something professionals has its own merits, but buyer beware, because there are just as many downsides to renting from a private entity.

Landlord’s Duties in Student Accommodation

Considerations for Student Housing – Lease Agreements Landlord Obligations
One of the main purposes of a lease agreement is to require the landlord to provide for certain "safety" and "health" requirements by law. Further, the newer multi-tenant leases require any such "safety" and "health" requirements to be provided in the lease. Among the many obligations commonly imposed on a landlord’s occupancy of student housing are:

1. Addressing and Repairing Violations

A landlord must obey all laws materially affecting health and safety in the premises. When a receipt requests repair of a violation of any law materially affecting health or safety, then within 14 days thereafter the landlord or his agent shall notify the tenant either that the violations will be repaired within a reasonable time or that the landlord is not responsible for the correction of the violations, and, when a dependent occupant would be affected, that further action is being taken.

2. Heat and Hot Water

The landlord shall cater for the supply and maintenance of heat, hot water or other essential services provided to the premises under the terms of the lease. Essential services applicable to heating of water include the following: 1) Hot water -to at least 120 degrees F, 2) Central Heating -supply heat to maintain a temperature of at least 68 degrees F., 3) Space Heating -supply of heat sufficient to maintain a temperature of at least 68 degrees F., 4) Service of Lights -for Common Lobbies and Hallways within the premises, 5) Water service -supply of hot and cold water, and, 6) Elevator service.

3. Maintenance

The landlord shall make all repairs and do all of the work which is necessary to put and keep the premises in a condition fit for human habitation and maintain such condition during the period of the lease. Further, the premises shall be kept in safe and habitable condition during the period of the lease.

Common Lease Agreement Mistakes and How to Avoid Them

As the fall semester approaches, students will inevitably find themselves making several important decisions, especially when it comes to where they’ll be living throughout the year. Leasing agreements for student housing can often be lengthy and confusing, with several fine print exceptions that could easily be overlooked by students who are worried about getting signed on the line as soon as possible. In order to avoid any unexpected issues once a lease is signed, students should familiarize themselves with the following common mistakes and how they can be avoided.
Failing to Read the Fine Print: Let’s face it—with obligations such as midterms and assignments to juggle, you simply don’t have the time to read everything in detail. But before you get your hands on the keys to your new home, it’s vital that you understand the full implications of what you are signing. If you’re not able to fully review the fine print yourself, enlist the help of a friend or family member who is more familiar with leasing agreements to go over the details with you. Alternatively, most leasing agencies have staff members who can provide you with a better understanding of the terms outlined in your agreement.
Not Fully Understanding the Lease Term: It’s common for landlords to offer different terms for leasing apartments between 12 and 16 months depending on what’s available; however, students may mistakenly think that this is the full range of options . Always confirm with staff or management if you’re not clear about the specific term being offered, and don’t forget to double-check the start and end dates of the lease to make sure they do not conflict with your academic calendar.
Not Having Proof of Rent Payments: Be sure to track your payments each month after you submit them to the landlord or agency who manages your apartment. This way, you will always have a point of reference in the case of a dispute over payment.
Not Understanding Lease Breakage Terms: Though you may only be thinking about your living arrangements for the next school year, your situation could change and you might need to find alternative accommodations before the term expires. Make sure that you are fully aware of the terms regarding lease breakage and your right to sublet your place in the event that you are no longer able to live there for any reason.
Not Performing an Inspection with the Landlord: In the excitement of moving in and settling down in your new place, it might be easy to overlook a few small things; however, this could mean that you will be blamed for pre-existing damage to the unit come move-out time. Instead of waiting until the last minute, be sure to perform a thorough inspection of the premises with your landlord or real estate agent present. Take the time to identify all inconsistencies, damages and repairs that the unit may need immediately, and document them with photographs and notes so that you have a record of the approved inspection on file. This will also allow you to hold your landlord responsible for any issues that need to be taken care of before you move in and at the end of your lease.

Negotiating a Student Lease Agreement

So you’ve found an apartment that sounds perfect. But remember that it’s also a commitment. A big one, potentially. Don’t let enthusiasm for an ideal place warp your sense of judgment. You don’t have to sign just anything put in front of you. But first, you need to read it very carefully. What you’re looking for is a set of terms that both sides can agree to. Now is the time to ask questions and voice concerns. Saying nothing is bad; letting issues fester can prove very costly later on. It also sends the message that you didn’t read the lease before signing it, an effect which can be just as bad as the lease itself. Even if you are happy with the lease terms as they stand, it’s OK to ask if any of them are negotiable. It never hurts to inquire. Be sure to document any changes you negotiate, and know you’ll still have to sign a new lease, even for a relatively small revision. Also, don’t be afraid to simply walk away from the negotiating table. Think about it: Your landlord may have already covered all lease requirements before your arrival. Maybe you were actually there to see a different property. In any case, the terms you’re looking for are simply not workable at this time. Leaving without signing could encourage the landlord to revise, renegotiate, or even remove a less than ideal requirement. And depending on the quality of what you’re looking at, your interest may be enough to persuade them.

Legal Options for Student Lease Agreement Disputes

When it comes to discussing a student’s place of residence, there are a few different terms that should be used interchangeably. A ‘student housing lease’ is simply the legal term for the rental agreement between landlord and student. However, these contracts can be confusing in nature. A document that asserts itself as an ‘Agreement’ at first glance may be referred to as a ‘Lease’ in legal terminology. So before students sign any lease agreements, it pays to read the fine print.
Making sure you’re ready when dealing with a student housing lease or agreement is important, especially if you enter a dispute with your landlord. If you plan to reside in a rented space, then you should know how to handle any conflicts regarding the whereabouts of your dwelling. If such a situation arises, there are several steps each student can undergo in order to resolve their dispute.
First and foremost, examine the lease you signed. Get as many details down on paper as possible, including dates you signed the agreement, dates you moved in, and details on move-out . If the landlord has broken any part of the contract, then you should file a report with the Department of Building and Safety. Bring along your lease if you have it available. This document will help with your case.
Secondly, speak out. When you live in a rented apartment, you’re part of an agreement that goes both ways. If your landlord isn’t providing the correct utilities or has damaged appliances you’re depending on, then make sure you speak to them about the issue. Sometimes, all it takes is a simple conversation to get them to act. In addition, send a letter addressed to your landlord explaining your situation in clear detail. Keep copies of all correspondence in case your situation escalates.
Finally, head to court. If all attempts to resolve your dispute have failed, then you’ll need to make your case in front of a judge. This means filing a complaint through the small claims court system. Visit your local courthouse for information on how to file your claim. Once your case is on record, obtain a copy to keep with your other documentation.