Who actually signs a student lease, the nineteen year old or the parent
I have been shadowing leasing at a by-the-bed property to learn the service side, and the paperwork question I did not expect to be a live argument is who the lease binds.
Three versions came up in one week. The property I was at has the student sign as the resident and requires a parent or other adult to sign a separate guaranty, joint and several with the other beds in the unit. A smaller operator down the street has the guarantor sign only for that one bed, no exposure to roommates. A third place takes no guaranty at all and instead asks for a larger deposit or a prepaid semester from anyone who cannot show income.
For anyone as new to this as I am, a guaranty is a promise by someone other than the resident to cover the rent if the resident does not, and joint and several means each signer can be pursued for the whole amount rather than a share. Whether a particular guaranty is enforceable and how far a landlord can go to collect on it depends on the law of the state the property sits in, so that is a lawyer question and not a forum question.
The argument for the full joint and several version is obvious, it is the strongest credit position and it is the reason people call this a low-loss sector. The argument against is that leasing staff told me it costs them signings, especially with students whose parents will not sign for a stranger's rent. The no-guaranty version fills faster and holds cash up front instead.
I genuinely do not know which I would run if it were my building, so I put it to a vote.
On a by-the-bed student lease, what would you require?
21 votes