Delayed apartment construction leaves Boise State student locked into unwanted lease

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BOISE, Idaho — Boise State University students who signed leases to live at "Uncommon Boise," a new apartment building downtown, could not move in on Aug. 18 like they initially hoped.

"We were totally unsuspecting," transfer student Emma Crooks said.

Emma signed her lease last winter. At the time, she said there was no indication the apartment building located near campus would not be ready.

In an email, Uncommon Boise developers told KTVB they were "terribly disappointed with the delay." There is no set date for move-in.

In that same email, Uncommon Boise said it ran into "unforeseen" and "unavoidable" construction delays, some of which stemmed from supply chain issues.

Uncommon Boise gave students who signed leases two different options. If they chose the first option, they get a $150 daily gift card and do not have to pay rent. But those students are on their own until the apartment building opens.

If students chose option two, they still have to pay rent, and Uncommon Boise found a hotel for them to stay in temporarily. Those students also got a $60 daily gift card.

Emma chose option two but quickly found another place altogether because she felt unsafe at the hotel.

"There was no security or anything," Emma said. "There was a sliding glass door, a huge window. And since I was on the ground, I felt like I couldn't open my blinds because there were random people walking around."

Because Uncommon Boise did not open the apartment when expected, Emma's family is trying to get her of the lease. Emma's mom, Jennifer Crooks, called the situation unethical.

Jennifer said management told her the only way to get out of the lease was to find another student to take her daughter's spot.

"It's predatory in nature, you know, to lock these kids into these leases when [Uncommon Boise] has not performed on their side," Jennifer said.

She said they are seeking legal counsel on the issue.

KTVB sent local real estate attorney Geoffrey Wardle the lease. After reviewing the 26-page document, Wardle said the Crooks might be out of luck.

"The lease has a specific provision that talks about if the landlord is not able to deliver, then what happens," Wardle said. "It has a 90-day window. It provides for termination only after if there's no delivery within that window and the tenant even then has to give notice to the landlord."

Wardle said this is a prime example of why people always need an outside party to review their lease. He also believes students should never rent a brand-new apartment because there are simply too many unknowns.

Idahoans especially need to be careful, Wardle said.

"In Idaho, there are very few tenant protections," he said. "Tenants are going to be held accountable for what they agree to in writing, whether they necessarily understand it or not."

Regardless, the Crooks still think Uncommon Boise should be held accountable for delaying move-in and not being transparent about potential construction issues.

Emma said she would never have signed the lease if she knew the apartment would not be ready before the start of the school year.

"It just feels like [Uncommon Boise] does not care about any of the students that were supposed to live there," she said.

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