Renting FAQs

Use and Liability 

Joint Lease

• In a joint lease situation, all residents are named on the same lease contract. This means that all residents listed on the contract have equal usage rights to and responsibility for the entire unit. So long as the full rent amount is paid to the landlord on time each month, residents can divide the costs however they choose.
• However, this shared responsibility also means that even if only one resident is late paying rent, every other resident could also end up being held responsible for late payment of rent, associated fine and fees, potential eviction, etc. Basically, all residents listed on the contract are tying themselves together, with mutual rights and obligations toward the landlord and one another.

Individual Lease

• In an individual/bedroom lease situation, each resident signs a separate contract with the landlord for their own bedroom space. This means that residents may have sole use of and sole responsibility for their individual bedrooms (and attached private spaces)
• However, all residents of the same unit share use of and responsibility for the common areas. This means that if a resident's roommate causes damage to the apartment, violates a community rule leading to a fine, or has illegal substances in the common areas, any of the apartment residents could potentially be held responsible. All residents are effectively still tied to their roommates' actions in the unit's common areas, but without any direct contractual relationship between them that might allow a resident to enforce any rules or standards on another resident.
• Individual leases also often contain clauses allowing landlords to move residents at will, even if it means splitting up roommates who applied to live together in the same unit. These contracts also generally allow landlords to move residents to other units on very short notice, regardless of the reason. In contrast, when individuals sign a joint lease agreement, they cannot be separated except by mutual agreement between the residents and the landlord.

Cost 

Joint Lease

• Sometimes, students avoid this type of lease because it may appear more expensive on paper. But because rent in a joint lease situation is calculated per unit and all residents are together responsible for paying rent, this means that the rent amount written into the contract can be divided between all residents in any manner (so long as the full amount is paid to the landlord on time each month).
• For example, in an 2x2 apartment costing $1200 per unit per month, 2 roommates could split the rental costs equally, at $600 per month each. Those roommates could also choose to divide the costs to be, say, $700 for the resident with the attached bathroom and $500 for the resident with the shared bathroom. If those residents wanted to add a 3rd roommate, they could split rent to be $400 per month each.

Individual Lease

• Individual leases may appear to be less expensive on paper and may seem to limit liability for the actions of other residents in the apartment unit. However, with an individual lease, rent is calculated per person. This means that rent does not change depending on the number of roommates sharing the unit. Each individual pays a fixed monthly amount, whether there are 2 roommates or 6 roommates sharing the same common areas. 
• For example, in an 2x2 apartment costing $800 per person per month, a renter will pay $800 a month for their bedroom space whether or not they are assigned a roommate. If the adjacent bedroom is empty, the renter only pays $800... but if the landlord moves another individual into the second bedroom, there is no benefit to the renter either. The benefit accrues to the landlord, who will actually make $1600 per month from the unit as a whole.

Monthly Rent Agreement vs. Installment Contracts

• Joint leases follow the traditional lease agreement model in which rent is charged monthly, prorated to match the actual amount of time in a month in which a resident has legal possession of the unit. (For example, if a lease is set to begin on September 21, the resident will only be responsible for 10 days-worth of rent for the month.)
• Individual leases are often structured as installment agreements. This type of agreement effectively obligates renters to pay the total yearly rent obligation at the outset of the contract, which is then divided into equal installment payments over the term of the lease. As such, rent is often not prorated. (For example, a 12-month installment agreement-type lease for $1000/month rent is actually an agreement to pay $12,000 at the outset of the contract, spaced out over 12 equal installment payments. This has potentially enormous consequences if a resident attempts to terminate their lease early.)

Rent is set by your lease agreement and locked in for the period of time specified in the contract. Landlords are generally not allowed to change the rental price of the unit during the lease term. However, before you sign a contract, be aware of and budget for other common expenses associated with renting an apartment, such as:

Utilities

• Many apartment complexes either do not cover the cost of utilities, or may cover only a limited portion of them. For example, the landlord might cover water costs up to $20 per month, but not the cost of electricity, gas, trash service, or internet. Depending on your lease agreement, you may need either to set up utility payments directly with the City of San Marcos, or reimburse the landlord for the utility costs incurred each month. 
• If you are paying for utilities directly to the City of San Marcos, you will pay for the cost of the actual amount of electricity, water, etc., you have used. But especially in student housing complexes with individual leases, your landlord may take the total cost of utilities incurred by the whole complex and divide the costs between each unit according to an allocation method specified in your lease contract. That means that if the total cost of utilities for the apartment complex goes up (for example, if there is a major water line leak, or all of your neighbors are using extra air conditioning in the summer), your bill will also go up even if you have not increased your own utility usage!

Necessities

• While the rent specified in your contract may seem affordable, remember that this is not all-inclusive of your living expenses. If you live off-campus, you will likely need to pay for your own food/groceries, paper products (like paper towels, toilet paper, etc.), toiletries, cleaning supplies, etc. If you plan to eat out often, your expenses may be even higher than expected. Estimate your likely monthly spending and make a budget before you sign a lease contract to ensure that your financial aid award and/or other income will be sufficient to cover all your expenses.

Parking

• Often, apartment complexes will offer parking spaces to students at additional cost. Please make sure to read and follow the apartment complex guidelines on parking, or it may end up costing you extra. If you receive a sticker or parking permit tag to hang on your rear-view mirror, make sure it is displayed correctly in a visible location. Otherwise, your landlord may try to tow your vehicle – which will cost additional time, energy, money, and stress to retrieve your car, pay for the towing and storage fees, and repair any damages.

Hidden Fees

• Please read your contract carefully, or have an attorney review it with you before you sign. (If you are a current student, AFS can review it with you!) Some lease contracts include provisions that:
  • Allow the landlord to automatically charge you a fixed cleaning fee at the end of your lease, regardless of the actual cleanliness of the apartment;
  • Specify the amount a landlord can charge you for damages to the apartment, regardless of the actual cost of repair;
  • Give the landlord the right to take certain pieces of your personal property if you fall behind on the rent;
  • Allow the landlord to enter your home without prior notice;
  • Limit your right to repairs (for conditions other than those that materially threaten your physical health or safety), arbitrarily extend the time period for your landlord to make repairs to your unit, or require you to pay a fixed fee for every trip taken by the landlord's agents in response to a repair request; or
  • Allow the landlord to retain your entire security deposit if proper notice of move-out is not provided.

*And keep in mind that most leases, especially in student housing complexes, last 12 months… but your financial aid award likely may only cover nine months of rent. Be sure you are prepared to pay all 12 months of rent, utilities, and fees when deciding where to rent.

YES!

Students are highly encouraged to pay a security deposit if at all possible. 

• Paying a security deposit, regardless of the amount, obligates the landlord to provide the tenant with either a refund of the deposit or a statement of damages within 30 days of the end of the lease (assuming all other legal requirements have been met). Not paying a security deposit gives the landlord the right to charge and/or sue for damages to a rented unit up to 4 years after the contract's termination.
• Also, if a landlord wrongfully deducts from a security deposit "in bad faith," additional penalties and fines can be awarded to tenants by the court system. This incentivizes landlords to keep accurate records and properly document any damages deducted from a security deposit. However, if tenants have not paid a security deposit for a rented unit, adjustments to the amount billed for damages to the unit can be made at any time without consequence to the landlord.
• Apartments often promote zero security deposit incentives to students. While that might appear to be a cost saving measure, as a student would not have to pay that expense upfront when leasing, keep in mind that in the absence of a security deposit, landlords are not legally obligated to send any final charge statements (such as for damages or cleaning fees) for up to 4 years after the end of the lease.

YES!

• Students are highly encouraged to purchase their own insurance from a third-party insurance company to protect both the premises (the landlord's property) and the tenant's personal property. Note that many student housing complexes in San Marcos actually require that their tenants purchase some form of renter's insurance.
• There are 2 different types of insurance you should purchase as a renter, which are often bundled when purchased through a third-party insurance company. Liability insurance covers damages done to the landlord's property; renter's insurance covers the tenant's property (for example in the event of an accident or break-in). Check with your existing insurance company or do an online search for renter's insurance to try to find the best rates and coverage for your needs.
• Typically, the insurance fee you pay to your apartment complex is liability insurance that does not cover damage to a tenant's personal property. Liability insurance typically only covers damages caused to the landlord's property due to tenant negligence or fault. Tenants should carry their own personal renter's insurance to cover damages to their personal property. 
  • It is also possible that the “insurance” fee you pay to your apartment complex is not actually for insurance at all. Many complexes allow students to pay a fee to waive the requirement to purchase insurance. In this case, even damages caused by a tenant to the unit may not be covered by insurance. If you are a current student, AFS can review your lease with you to tell you what your contract does or does not cover!

NO!

• Private "student housing" apartment complexes are not required by law to honor your preferences for roommate-matching purposes. This means that your randomly matched roommate may end up being a non-student, an individual of a different gender, a smoker or non-smoker, a pet owner, etc. Even if you request a specific roommate by name and signed up to lease at the same time, your landlord does NOT have to place you together. Most individual lease contracts give the landlord sole discretion to assign individuals to bedrooms, and typically also state that roommate requests are not guaranteed. 
• Private apartment complexes, even those marketed as "student housing," are not obligated to rent only to students. They are free to rent to whomever they determine to meet their criteria. 
• For Joint/Conventional lease agreements, because all roommates are listed together on one contract, the apartment complex is contractually obligated to place all roommates in the same apartment unit. In any case, we highly encourage students to discuss and sign a roommate agreement, including details about everything from responsibility for nonpayment of rent/fees, to usage and sharing of personal belongings, to expectations for guests and noise within the apartment unit.

Probably.

• The majority of apartment complexes in San Marcos require you to have a guarantor or co-signer if you have little to no prior rental history or lack sufficient personal income. Students may also be able to put down a larger security deposit in lieu of finding a guarantor if one is not available.
• Students should obtain a guarantor or co-signer and make sure that the apartment approves them BEFORE the student signs the lease agreement.
  • Suppose that a student has already signed the lease agreement, but their guarantor or co-signor is denied after the fact. In that case, the apartment could both refuse to allow the student to move in AND also continue to charge rent to the student / hold the student financially responsible for the contracted rent amount until a guarantor is provided or a replacement tenant is found.

Maybe.

PETS

• Each apartment complex is different, and you should contact the complex with pet questions BEFORE you sign the lease. Landlords are generally allowed to have weight/size restrictions, require a substantial pet deposit fee, charge “pet rent,” and hold you financially responsible for any damages caused to the unit by your pet.
• Please remember, having a pet can be a labor-intensive, time-consuming, and often expensive responsibility. Before bringing a pet to college, ask yourself if it is the best choice for your situation.

SERVICE AND EMOTIONAL SUPPORT ANIMALS

• Even if your landlord does not ordinarily allow pets, Federal Fair Housing laws require landlords to make exceptions for service and emotional support animals (ESAs). These animals are not considered regular pets, and unlike with regular pets, tenants do not have to pay any extra deposit or pet rent for assistance animals. However, tenants will still be responsible for any damages caused by the animal.
• Under the Americans with Disabilities Act (ADA,) a service animal is a dog that has been individually trained to do work or perform tasks for an individual with a disability. To have a service animal, tenants must have a disability, disability-related need for the animal, and the tasks performed by the animal must be directly related to the person’s disability. In other words, the animal must work, perform tasks or services, or alleviate the effects of a tenant's disability to qualify.
• ESAs are not covered under the ADA, but under the Fair Housing Act (FHA) and guidelines issued by the U.S. Department of Housing and Urban Development (HUD). ESAs are not required to undergo special training like service animals, nor are they required to be certified or registered. However, a landlord may require that a tenant obtain an letter from a licensed health care professional documenting how the ESA provides therapeutic emotional support to alleviate a symptom or effect of the disability of the requestor.
• ESAs typically must be domesticated animals that are traditionally kept in the home (e.g. dogs, cats, small birds, rabbits, hamsters, gerbils, fish, turtles, etc.) and cannot constitute a direct threat to the health or safety of other individuals. This means that you cannot bring a wild or aggressive animal into your apartment complex.
• You must file a request for accommodation in advance. A landlord does not have to accommodate your ESA unless proper documentation is provided. 

Do your research! Walk, bike, or drive around town. Use websites like Yelp, apartments.com, and others. Read the most recent reviews that are not on the apartment's own social media accounts, as the apartment can delete comments and reviews posted to accounts they control. Ask friends, classmates, teachers, resident assistants, and teaching assistants about their living arrangements. Take a tour of places you are interested in. You can also engage an apartment locator service to help you narrow down your options (these services typically come at no cost to prospective renters!).

Do your research. Ask friends, classmates, dorm roommates, Resident Assistants, Teaching Assistants, and others. Check out social media groups focused on renting as a student in San Marcos.

To avoid problems, have a discussion with any potential roommates to determine if your lifestyles are compatible, and develop a renting-together agreement. This agreement is a great way to memorialize basic rules and prevent future disagreements. You can use it to specify things like what days bills must be paid, who will pay for what, how long friends can stay over, if the food will be shared, and even mutual cleaning responsibilities.

Here are some questions to ask yourself before choosing roommates:

• Do I trust this person? 
  • Only live with that person if your answer is an emphatic YES.
• Am I willing to put up with this person's habits?
  • You may be willing to accept a friend's bad habits from afar, like not cleaning dishes or playing loud music late at night, but do you really want to live with them? You can prevent problems by setting out expectations before moving in together and using a renting together agreement. 
• Is my schedule compatible with this person?
  • A morning person who works standard hours may not live comfortably with a night owl who prefers to stay up late and cook dinner at 3 a.m. Again, create and use a renting together agreement.

Living with roommates can be a good experience if you plan ahead and make mature decisions. Even great friends will have disagreements over lifestyles, cleaning methods, paying bills, and food sharing. Above all: good communication is the key!

• Illegal drugs are… illegal. There is no safe zone in an apartment or house. If you choose to use illegal drugs in your bedroom, your roommates have the right and responsibility to notify the landlord and the police. You can be evicted and arrested for using or possessing illegal drugs in your apartment. 
• And be careful - even roommates who were not the ones that brought drugs into the apartment could still be charged criminally or fined by the apartment when it cannot quickly be determined which roommate is responsible for the drugs.

• Generally, it is not recommended to sign a lease when an apartment is still being built or a new construction before understanding the risks and legal consequences. Delays in construction, city inspections, fire and safety inspections can cause the location not to open in time or receive the proper occupancy or safety permits.
• Please review the contract with AFS before signing, as frequently, there are no contract provisions that allow the student to be released from the lease if the apartment does not open in time. Even "move-in-guarantees" do not necessarily give the student the right to terminate the contract. In addition, the lease agreement may require you to continue to pay monthly rent, ake the alternative housing options offered, and does not entitle you to any credit or refund of monthly rent amounts.
• If you already signed a lease and the apartment complex is not ready on time, do not sign any additional agreements or "Addendums " without reviewing it with AFS first! Often these agreements/ Addendums to the contract are also asking you to give up your only potential right to be released from the lease agreement, if any, after a certain amount of time.

• Provide a written notice by the deadline set in the contract, usually 60 days, that you will be moving out and provide a new address in the letter. If you do not provide the required written notice, you could be liable for a month-to-month contract and rent. If you do not give a new address, then the landlord can not send you a final statement for any money owed and send the amounts due to a collection agency.
• Clean the apartment or home thoroughly!
• Please fill out a move-out inventory conditions form, take pictures and video of the apartment after you have cleaned it, and removed all your personal belongings.

In the city of San Marcos, homes zoned as "single-family" use limit the number of unrelated individuals who can live together. Only family members who are related by blood, legal adoption, marriage, or conservatorship can live together with one other unrelated individual. In other words, family members plus only ONE unrelated individual can live in a home designated as "single-family" use. No more than two unrelated students can live together in a "single-family" home within the city limits of San Marcos, TX.

• Example 1: Jane and June are biological sisters going to school at Texas State, and their friend Rose wants to live with them in a home zoned as single-family use. Jane, June, and Rose can legally live together because Jane and June are sisters, and there is only one unrelated individual, Rose, living with them.
• Example 2: John, Jack, and Bud are friends who are not related family members. The three of them can not live together in a home zoned as "single-family." Only two of the friends can legally live in the house together, but not all three of them.

Students can use the City of San Marcos Zoning Map to help you look up, by address, whether the home is zoned as "single-family" use only.