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Walter, Legal Consultant
Category: Legal
Satisfied Customers: 11528
Experience:  Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection
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I am currently a student at E. Carolina University. I rent ...

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I am currently a student at E. Carolina University. I rent a house with 2 other students. One of the three will be entering the Armed Forces on February 14, thus breaking his lease. By law, I understand that he will be able to break his lease. However, I am interested in leaving this lease as well. My question is, since all three of us signed one lease (co tenants), am I liable for staying in the lease since one of the three is entering the military? Another problem would be that I cannot financially pay for any more of the share of utilities, phone, etc. This home would not be an easy one to sublet... it is in poor shape Please help me.
Submitted: 8 years ago.
Category: Legal
Expert:  Walter replied 8 years ago.


I am sorry, I do not have good news. While the law protects him since he is being sent to the armed forces it would not protect you. You would be required to finish off the lease or speak to the apartment manager about being let out of the lease due to the situation.

I am sorry, I wish you the best in the new year.


Customer: replied 8 years ago.
However, we signed one contract, not individual contracts/lease.

Please explain why if one of three parties who signed the one contract, should the whole of the contract should not be null and void?
Expert:  Walter replied 8 years ago.


Regardless of how the contract was signed, you all three are responsible for the contract. He is released from this contract based on service laws. You and the other person would not be exempt from the lease.

You can attempt to argue this in court if the landlord takes you to court, but in all honestly the judge is going to tell you that the law only makes him exempt not you.


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