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my daughter is a college student and last semester she signed

 

Customer Question

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?

 

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Country relating to Question: United States

Submitted: 357 days and 8 hours ago.
Category: Landlord-Tenant
Value: $43
Status: CLOSED
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Expert:  insearchoftheanswer replied357 days and 8 hours ago.

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.



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