No campus housing? Key renting rules for Indian students in the US

Not every Indian student who gets admission in a school in the United States will want or be able to stay in on-campus accommodation, which means they might have to find a rented place off-campus. But, before you make the move to the US for studies and look for a rental, it's important to know certain rules about tenancy in the US.

While it is true that credit history and guarantor requirements are often not needed or are more flexible for on-campus dormitories or university-managed on-campus apartments, the same can’t be said for off-campus housing.

Santhosh Rao, Attorney and Practice Head at Gokare LPO, an specialised immigration law firm, says that most master’s students do not usually receive dorm placements because those are often prioritised for undergraduate students. Master’s students may still apply for on-campus apartments, but availability is limited, and PhD students or students with families are often given preference.

This is the reason why off-campus housing is so crucial for Indian students. This article will provide you with a guide on what you need to secure off-campus housing.

Also read: Studying in the United States: Your complete guide to finding accommodation

Types of US student education visas

There are three types of US student education visas (F1, M1 and J1). F1 is the most commonly used visa for educational purposes.

• F-1 Visa: For academic students attending universities, colleges
• M-1 Visa: For vocational or non-academic programs (technical courses, vocational training)
• J-1 Visa – For exchange visitors participating in exchange programs, research scholars, or certain academic training programs

Keep reading to know more about renting off-campus residences for Indian students on a US educational visa.

Housing and renting in the US for Indian students on US education visa (F-1, M-1, J-1)

International (F-1, M-1, J-1 Visas) students are legally allowed to rent housing in the United States, but the biggest challenge they face is not related to Immigration Law; rather, it is about credit history, income requirements, and landlord policies. Plus, bigger cities often have a deficit of affordable housing.

Rao told ET Wealth Online that Indian students on F-1, M-1, and J-1 education visas are legally allowed to rent housing off-campus in the United States.

According to Rao, “the real challenge is not immigration status, but the lack of US credit history, which makes having a guarantor almost always necessary for international students.”

According to Rao, in practice, renting is governed by state landlord-tenant laws and the landlord’s screening policies, so landlords commonly ask for:

• Proof of identity (passport/visa)
• Proof of student status (I-20 for F-1/M-1 or DS-2019 for J-1)
• Proof of funds or bank statements
• Security deposit, which can be up to three months of rent
• A guarantor, because most international students do not have U.S. credit history

Rao points out that outside the major US cities, public transportation is often limited and may not extend beyond certain areas or suburban boundaries. So students need to be careful about not renting off-campus apartments in areas that aren’t well served by public transport.

Also read: Decoding Student Housing: Why purpose-built accommodations matter for international students

Do Indian students on a US education visa need a guarantor to rent an accommodation?

According to Rao, international students usually need a guarantor anywhere in the United States if they do not have US credit history. This is not a visa or immigration law requirement, but rather a landlord leasing policy based on financial risk.

Students may also need a guarantor if they have a poor credit history, not just no credit history.

Shivani Raviprakash, Attorney in Training at Gokare Law Firm, in Alpharetta, Georgia, said to ET Wealth Online that in the US, landlords usually run a credit check, and building credit often starts with obtaining a credit card.

According to Raviprakash, to apply for most traditional credit products, students are usually asked for a Social Security Number (SSN). However, an F-1 student generally cannot obtain an SSN unless they are employed with valid work authorization, such as authorized on-campus work, CPT, or OPT.

Raviprakash says: “Because of this, many students are unable to begin building US credit immediately after arrival. As a result, students with no US credit history will almost always need a guarantor.”

According to Rao, the guarantor must complete a separate guarantor application, and landlords usually require supporting financial documents such as:

• Recent pay stubs (often one month)
• Sometimes W-2s or tax returns
• Proof of stable income
• Strong U.S. credit history

The landlord will also run a credit check on the guarantor to ensure they can cover the rent if the student defaults.

As Rao points out there are a few typical options available when a student lacks a personal guarantor. These include:

• Using third-party guarantor services
• Staying in on-campus dormitories
• Applying for university-managed on-campus apartments
• Paying rent upfront if the landlord allows it

Are there any additional legal requirements on renting by international students from India in the USA?

According to Raviprakash, from an Immigration Law perspective, there are no special legal restrictions preventing international students from renting housing in the United States. Legally, international students are allowed to sign leases just like any other resident. Landlords also cannot deny housing solely because a tenant is an international student or non-citizen, as fair housing rules prohibit discrimination based on national origin.

However, students must:

• Maintain valid visa status and maintain their full-time student status
• Not engage in unauthorized employment just to pay rent and
• Follow the lease agreement and respective state tenant laws
• Pay rent and utilities on time

According to Rao, Indian students should carefully read the lease, especially the termination and move-out clauses, because most leases require advance written notice, typically 30 to 60 days, with 60 days being common in student housing. The exact notice period will always be stated in the lease, and failing to provide proper notice can lead to loss of part or all of the security deposit or could impose liability for additional rent

According to Rao, Indian students should also be aware that anyone living in the apartment on an ongoing basis should have their name added to the lease or be formally approved by the landlord or property manager.

Raviprakash says: “If a student stays in the unit without being listed on the lease, it may be treated as an unauthorized occupancy and a lease violation, which can lead to penalties or even eviction risk.”

Also, early lease termination or property damage may result in loss of the security deposit.

Rao says: “Students must also comply with lease-use and conduct rules by avoiding unauthorised business activity, disruptive behavior, or repeated noise complaints, as these violations can lead to termination of the lease.”