OT....question about MSU apartment contract concerning my son

So, my son is currently a freshman at MSU. He stayed in a dorm this year. He and some of his friends decided to get an apartment starting in August. So, they toured The Pointe at MSU and liked it. We were told verbally by an employee at the Pointe that if my son signed a lease and didn't attend that we could sublease the apartment. My son signed a lease and I signed the guarantor form. The lease and guarantor form show "The Pointe at MSU" as the Landlord and it states that we can sublease upon approval by the Landlord.

Well, fast forward a month and my son no longer wants to go to MSU. He wants to move home and attend the local junior college for his sophomore year. He appears that he will be losing his scholarship also due to being slightly below the 3.0 requirement.

I called The Pointe and they told me that they have been purchased by new management and they have a new name for the apartment complex. Also tell me that the new management is not allowing subleasing.

So, I'm wondering if I'm legally on the hook for the near $6000 for the 12 months of the apartment rent. Personally, I feel like I signed a contract with The Pointe who was allowing subleasing. I wouldn't have signed the contract if I was told that subleasing was not allowed.

I can shed some light on this. The people who purchased the complex must abide by what is in the lease at the time of purchase. The kicker is that it says that the owner has to approve the sub-lease/ assignment. Most leases have language that states it cant be unreasonably withheld. I would have to look at it as each lease is different. I know I made that as clear as mud but you should be able to sublease it.

Just a tip on scholarships - if you are slightly below the 3.0 - say a 2.9 - there is a chance they will renew it. Especially if it is your 1st semester grades that are below the 3.0. My daughter had hers renewed with a 2.9 last year, but showed big progress between fall and spring last year.

Maybe you can talk them out of it. I went to graduate school in Texas and had a change of heart when the semester began. They wouldn't technically let me out of the lease, but they said that if someone came in and wanted the apartment they would let me know. It was a college town, and a lot of people were still trying to find apartments. A few days later, it ended up that someone else came in and needed an apartment, so they basically let me out of had contact. It doesn't hurt to ask.

Even without the specific language, I don't believe they can "unreasonably" withhold approval for your sublease.

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Originally Posted by msudawglb

So, my son is currently a freshman at MSU. He stayed in a dorm this year. He and some of his friends decided to get an apartment starting in August. So, they toured The Pointe at MSU and liked it. We were told verbally by an employee at the Pointe that if my son signed a lease and didn't attend that we could sublease the apartment. My son signed a lease and I signed the guarantor form. The lease and guarantor form show "The Pointe at MSU" as the Landlord and it states that we can sublease upon approval by the Landlord.

Well, fast forward a month and my son no longer wants to go to MSU. He wants to move home and attend the local junior college for his sophomore year. He appears that he will be losing his scholarship also due to being slightly below the 3.0 requirement.

I called The Pointe and they told me that they have been purchased by new management and they have a new name for the apartment complex. Also tell me that the new management is not allowing subleasing.

So, I'm wondering if I'm legally on the hook for the near $6000 for the 12 months of the apartment rent. Personally, I feel like I signed a contract with The Pointe who was allowing subleasing. I wouldn't have signed the contract if I was told that subleasing was not allowed.

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I am not a lawyer so take my opinion for what it is worth. Unless you and/or your son signed a new lease when it was taken over then the old lease is what is valid. However, if the landlord has to approve of any sublease then you might be hung over a barrel unless the lease has the language the other poster stated.

Good luck because most of the apartment complex management are out to screw you however they can.

and to add to this situation...his friends, well, they never signed a lease. Now, one is not coming back and the other two have decided to join a fraternity. So, my son signed a 4 bedroom lease by himself. If this apartment complex makes him stick to the lease, he will be put into a 4 bedroom apartment with people he doesn't even know.

Send him to summer school and tell the boy to take some easy classes and get a 4.0.

Yep. Send him to summer school. Looks like you are on the hook.

That's a tough situation....you should have a conversation with the new owners about your predicament. My daughter is in an apartment with 4 other girls and they made all of them plus me sign the lease. I find it odd only you and your son were allowed to sign. Hey if worse comes to worse you and you friends will have a great place to stay for games***

College town apartment complexes exist for the sole purpose of screwing students and their families because they know 18-22 year olds don't know how to push back on authority.

That complex is notorious for screwing people. Wait until they don't send you bill and you get a call from the collections agency.

The Pointe sent me to collections for $7.12 that I didn’t know I owed. When I moved out they said I was squared away. 8 months later collections start calling me. R.I.P. credit score. F*ck The Pointe.

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Originally Posted by HereComesTheSpiral

That complex is notorious for screwing people. Wait until they don't send you bill and you get a call from the collections agency.

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Yep going thru this with my daughters apartment in Oxford. My wife has all 12 months of checks that were sent and deposited by the apartment, when collection agent said "Oh it may be their mistake don't do anything to you hear back from us"! LOL, yes on apartments in college towns taking advantage.

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Originally Posted by basedog

Yep going thru this with my daughters apartment in Oxford. My wife has all 12 months of checks that were sent and deposited by the apartment, when collection agent said "Oh it may be their mistake don't do anything to you hear back from us"! LOL, yes on apartments in college towns taking advantage.

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Try getting a security deposit back from a college town apartment complex, I just got to the opinion that it was a move out convenience fee, as in I'm not cleaning shit when I move out.

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Originally Posted by HereComesTheSpiral

Try getting a security deposit back from a college town apartment complex, I just got to the opinion that it was a move out convenience fee, as in I'm not cleaning shit when I move out.

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It's not just in college towns. It's everywhere. It was simpler back in the days when kids lived in dorms. At least then you were dealing with the University and not a private for-profit company.

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Originally Posted by msudawglb

and to add to this situation...his friends, well, they never signed a lease. Now, one is not coming back and the other two have decided to join a fraternity. So, my son signed a 4 bedroom lease by himself. If this apartment complex makes him stick to the lease, he will be put into a 4 bedroom apartment with people he doesn't even know.

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My son has lived there for 4 years, he took 5 to graduate because of 3 co-ops. We have no real complaints. He is in a 3 bed room unit. One guy has been with him the whole time. They have had three random roomies, they have been good fits. They do have a match type questionnaire that you fill out.

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Originally Posted by msudawglb

So, my son is currently a freshman at MSU. He stayed in a dorm this year. He and some of his friends decided to get an apartment starting in August. So, they toured The Pointe at MSU and liked it. We were told verbally by an employee at the Pointe that if my son signed a lease and didn't attend that we could sublease the apartment. My son signed a lease and I signed the guarantor form. The lease and guarantor form show "The Pointe at MSU" as the Landlord and it states that we can sublease upon approval by the Landlord.

Well, fast forward a month and my son no longer wants to go to MSU. He wants to move home and attend the local junior college for his sophomore year. He appears that he will be losing his scholarship also due to being slightly below the 3.0 requirement.

I called The Pointe and they told me that they have been purchased by new management and they have a new name for the apartment complex. Also tell me that the new management is not allowing subleasing.

So, I'm wondering if I'm legally on the hook for the near $6000 for the 12 months of the apartment rent. Personally, I feel like I signed a contract with The Pointe who was allowing subleasing. I wouldn't have signed the contract if I was told that subleasing was not allowed.

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I'm not an attorney but have owned rental property.

Your first comment was you wanted to sublease and they won't let you. That means you think you can find someone who wants to lease the apartment. Problem solved. Get the new renter, take them by and get them to sign a new lease to take the place of yours. The apartment owner may not be required to take them but they would be stupid to turn down someone who wants to lease the place in lieu of someone who no longer wants to lease there and may take legal action to get out of it.

Pro tip for anyone sending their kid to college. Tell them to find a house. I lived in an apartment sophomore year, lived in a house junior year and this year.

The biggest mistake freshman going into sophomore year make is getting an apartment over a house.

They have more space than an apartment. It is cheaper and better. Rent+utilities is almost always less than rent at an apartment that includes utilities. The landlord offices are run by adults not college kids and overall it is so much better than an apartment.

Freshman are just too lazy to try and find one and apartments are easier to find, but it is just as easy to find a house if you know where to look. Just google houses for rent around January each year.
Crabtree is Starkville is a great realtor to go too.

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Originally Posted by Rayburn8

Pro tip for anyone sending their kid to college. Tell them to find a house. I lived in an apartment sophomore year, lived in a house junior year and this year.

The biggest mistake freshman going into sophomore year make is getting an apartment over a house.

They have more space than an apartment. It is cheaper and better. Rent+utilities is almost always less than rent at an apartment that includes utilities. The landlord offices are run by adults not college kids and overall it is so much better than an apartment.

Freshman are just too lazy to try and find one and apartments are easier to find, but it is just as easy to find a house if you know where to look. Just google houses for rent around January each year.
Crabtree is Starkville is a great realtor to go too.

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Crabtree does just keep your deposit though. I had a lot of problems with them even just doing anything that was wrong with the house. My sister in law then rented from them several years after I did and also had a lot of problems with them.

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Originally Posted by BrunswickDawg

Just a tip on scholarships - if you are slightly below the 3.0 - say a 2.9 - there is a chance they will renew it. Especially if it is your 1st semester grades that are below the 3.0. My daughter had hers renewed with a 2.9 last year, but showed big progress between fall and spring last year.

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I would take this guy?s advice. MSU was incredibly gracious with scholarship help for my son. They also put more emphasis on recruiting students than anybody that we encountered throughout his college decision making process. Bottom line is that enrollment appears to be priority on and they want to help any way they can. Just my opinion though.

I'd try to negotiate out of the lease. Write a letter. If that doesn't work, get a lawyer to write a letter. Because even if you can sublease, being responsible for 4 renters at zero profit does not sound fun to me.

About the sublease, my understanding is that verbal promises are legally binding (though they are difficult to prove). Still, it is a bit of a toe to stand on that he was assured that he would be allowed to sublease. Maybe he should try to create a transcript of the conversation, as close as possible to accurate (from memory). But I'd still find a way out of it completely instead.

My son was at UF and had three different apts. Had problems with roommates and such. Charged a $385.00 fee for so called damages that were there in the beginning. Now this is where you may get some mental relief. He subleased every year. The apartments will sublease if the person can qualify as you did. You may have to throw in an enticement like paying the first month rent or paying the fee but if the demand is there you'll find a tenant. Good luck.