Give Rights to College Students to Cancel Lease due to COVID-19

Give Rights to College Students to Cancel Lease due to COVID-19

The Issue

TX Dept of Housing/Governor Abbott & Community Affairs & U.S. Department of Housing and Urban Development must do the following immediately w/legislation to support students during the COVID-19 Pandemic. 

University and College Students/Parents must be able to cancel lease/contracts w/landlords and apartment complexes right now with no penalty. The rights need to be given to students, especially when their term of payment has not even started for Fall 2020 in their lease. They should be free and clear of all contracts made prior to pandemic and leases w/out having to pay for another 12 months unoccupied or be forced to sublet/forced binding of the contract when student tenants are not given any legal rights in such a situation of the pandemic. 

As colleges, universities have started to communicate that online learning is allowed, students no longer need their lease and need to terminate or cancel without having to be reported to collections, pay ongoing monthly rent when they are not occupying the space. Please support to pass immediate urgent legislation that will support and allow students to cancel these leases that they cannot pay for anyhow as unemployed students. 

This goes against housing laws of ensuring fairness in a contract itself or what may be called, “unconscionability” in order to ensure fairness. Without a doubt, it is clear that one side here has grossly unequal bargaining power being a landlord, apartment company during this pandemic situation --especially when it comes to students who of no fault cannot enter the lease.  

Please pass legislation on supporting students and their rights to not be taken advantage of in such a situation of COVID-19 pandemic and concurrent rising cases in TX. Please enforce such conditions below w/legislation that mandate landlords, apartment companies to waive penalty fees, and allow cancellations of lease due to the following: 

  • A. Student tenant may cancel or terminate a lease when the “term” has not begun, nor has the student tenant occupied the facility in the context of the COVID-19 pandemic under ‘force majeure’.
  • B. Student tenant may cancel and terminate a lease for if/when a student possesses medical underlying conditions or is in financial hardship (lack of employment or cancellation of employment) due to COVID-19 pandemic. 
  • C. There should be no implications on student credit on behalf of leasing companies and landlords due to such situations under COVID-19. 
  • D. Treat housing and lease/landlord-tenant contracts during the pandemic as a catastrophic time or as would be for any natural disaster. 

Immediately create and pass legislation at a state and federal level that clearly enforces common law priority, enforcement (under property and housing) where student tenants have rights in such dire, horrific pandemic situations which do not adversely and negatively affect credit history and their future as citizens who will later need necessities such as car, shelter, insurance, employment. Such enactment is due to the ‘impossibility’ of knowing the unforeseen situation of COVID-19. 

This petition had 2,376 supporters

The Issue

TX Dept of Housing/Governor Abbott & Community Affairs & U.S. Department of Housing and Urban Development must do the following immediately w/legislation to support students during the COVID-19 Pandemic. 

University and College Students/Parents must be able to cancel lease/contracts w/landlords and apartment complexes right now with no penalty. The rights need to be given to students, especially when their term of payment has not even started for Fall 2020 in their lease. They should be free and clear of all contracts made prior to pandemic and leases w/out having to pay for another 12 months unoccupied or be forced to sublet/forced binding of the contract when student tenants are not given any legal rights in such a situation of the pandemic. 

As colleges, universities have started to communicate that online learning is allowed, students no longer need their lease and need to terminate or cancel without having to be reported to collections, pay ongoing monthly rent when they are not occupying the space. Please support to pass immediate urgent legislation that will support and allow students to cancel these leases that they cannot pay for anyhow as unemployed students. 

This goes against housing laws of ensuring fairness in a contract itself or what may be called, “unconscionability” in order to ensure fairness. Without a doubt, it is clear that one side here has grossly unequal bargaining power being a landlord, apartment company during this pandemic situation --especially when it comes to students who of no fault cannot enter the lease.  

Please pass legislation on supporting students and their rights to not be taken advantage of in such a situation of COVID-19 pandemic and concurrent rising cases in TX. Please enforce such conditions below w/legislation that mandate landlords, apartment companies to waive penalty fees, and allow cancellations of lease due to the following: 

  • A. Student tenant may cancel or terminate a lease when the “term” has not begun, nor has the student tenant occupied the facility in the context of the COVID-19 pandemic under ‘force majeure’.
  • B. Student tenant may cancel and terminate a lease for if/when a student possesses medical underlying conditions or is in financial hardship (lack of employment or cancellation of employment) due to COVID-19 pandemic. 
  • C. There should be no implications on student credit on behalf of leasing companies and landlords due to such situations under COVID-19. 
  • D. Treat housing and lease/landlord-tenant contracts during the pandemic as a catastrophic time or as would be for any natural disaster. 

Immediately create and pass legislation at a state and federal level that clearly enforces common law priority, enforcement (under property and housing) where student tenants have rights in such dire, horrific pandemic situations which do not adversely and negatively affect credit history and their future as citizens who will later need necessities such as car, shelter, insurance, employment. Such enactment is due to the ‘impossibility’ of knowing the unforeseen situation of COVID-19. 

The Decision Makers

Gregory Abbott
Texas Governor
Richard C. Benson
Richard C. Benson
https://www.tdhca.state.tx.us/
https://www.tdhca.state.tx.us/

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