Student tenant moves out due to virus

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Submitted by Hobie on March 19, 2020 - 9:36am

Family member has student attending State college in CA living in a room in a house with 8 other students. Each room has own lease.

Virus has closed campus and postponed graduations indefinably. Student has moved home. Lease runs through June 30.

Boilerplate lease with no discussion of force majore. Are they still on the hook for rent? Any current law changes due to virus?

Submitted by FlyerInHi on March 19, 2020 - 10:43am.

As far as I know, the courts are still enforcing contracts. It’s just that they are posponing the hearing dates.

That’s the contract clause of the constitution:

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

Submitted by Hobie on March 19, 2020 - 10:52am.

BrianESQ: Nice. But we are dealing with state law and whether a Governor issued emergency directive allows breaking otherwise non-breakable leases.

Now if the kid actually had the virus, then I'm sure you could walk with no repercussions due to being contagious and a public health hazard.

Submitted by Coronita on March 19, 2020 - 11:30am.

From right now, it seems like most of the moratoriums are focused on ensuring landlords cannot evict tenants out of the house during the coronavirus for non-payment of rent. It doesn't mean that ultimately the tenant can get out of the rent.

Normally, I would say this sucks. But we don't live in normal times.
I think the prudent thing to do would be to talk to the landlord and ask.

In the case of people simply can't pay the rent because they don't have a paycheck, hopefully in most locations that's just temporary for 1-3 months, so maybe the landlord will be willing to work out a more deferred payment schedule with no penalty.

Meanwhile, I think there will probably be a moratorium of mortgage payments and possibly property taxes too. We shall see.

But it's definitely going to hit some landlords in the short term

https://www.reviewjournal.com/news/polit...

https://www.sandiegouniontribune.com/new...

Submitted by FlyerInHi on March 19, 2020 - 12:07pm.

As far as I know, the court in Nevada are just postponing hearing dates. They do control the calendar. But you can still post eviction notices (like nuisance or pay or quit) and get everything ready for when hearings resume.

Submitted by TheBrianNarrative on March 19, 2020 - 12:21pm.

FlyerInHi wrote:
As far as I know, the court in Nevada are just postponing hearing dates. They do control the calendar. But you can still post eviction notices (like nuisance or pay or quit) and get everything ready for when hearings resume.

I'm sure you'll monitor this closely. Keep us posted

Submitted by gzz on March 26, 2020 - 10:33am.

Damages for breaking a lease are not months of lost rent, but the cost of lost rent during the period it reasonably takes to find a new tenant.

Best to write this one off. Sound like a crowded situation just improved for the other tenants.

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