my daughter is a college student and last semester she signed a lease for the upcoming school year. She has since decided that she doesn't want to live with her roommate and so she found someone to sublease her apartment. She's having to pay the apartments a fee to coordinate the necessary paperwork.My question is related to her sublease agreement. There's a clause that states that if the subleaser (who will be signing a lease for the room) does not pay rent it becomes my daughter's responsibility to pay. Is this legal since the subleaser will be signing a lease?
Optional Information: Country relating to Question: United States
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good afternoon. If the sublessee is signing a lease with the landlord, then your daughter should be released from liability under the original lease. Under the landlord's duty to mitigate, even if someone defaults under the lease, the landlord has a duty to use reasonable efforts to find a new tenant and once found the tenant has no further liability. Here, the landlord has a new tenant and the landlord needs to release your daughter. The clause you reference should be crossed through and initialed.
I hope this has givenyou information that has been helpful to you. If the information seems moregeneral than specific, please be aware that we are only allowed to provideinformation and not specific advice. If you have a follow-upquestion, please remember that there might be a delay between your follow upquestions and my answers because I may be helping others or taking a break.
If you do have any additional questions aboutmy answer please click the "Continue Conversation Link" so Ican provide you with a fully satisfactory answer. Pleasebe aware that any rating of 1 or 2 is reflected as a negative rating and I receiveno credit for my answers.
Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.