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Richard
Richard, Attorney
Category: Legal
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Experience:  Attorney with 29 years of experience.
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My college age son has signed a lease with two other people

Customer Question

My college age son has signed a lease with two other people for next school year prior to leaving on thanksgiving break. They all three signed but were told they would need to get a parent to sign a grantee clause. Also no security money was to be paid until they came back from break as well.

My question to you is can my son get out of this lease for next year if I refuse to sign the
clause.

The two he signed a lease with are not a good match and I would like to get him out of the lease.

When we went to talk with the apartment complex today the manger could not tell him if he could get out of the lease they would get back with him tomorrow. Again the security money has not been paid it was to have been paid on Thursday.
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Good evening...If the lease is contingent upon you guaranteeing your son's obligation and you refuse to do so, and he has not yet posted the security deposit, then he can get out of the lease with no further liability. Even if you had signed, he would still have no liability most likely because the landlord has a duty to mitigate by trying to release the premises...and because it is near a university and a year in advance, the likelihood that the landlord cannot relet this place is pretty much non-existent.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Legal
Satisfied Customers: 45998
Experience: Attorney with 29 years of experience.
Richard and 12 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
No where in the lease does it say a parent must guarantee the lease but he was given the paper to take home and have signed as well as told they could pay the security deposit as well when they returned. I felt since three bedroom apartments are very rare they would have to mitigate the rental as well but they have verb age in there to cover that. I feel they should have been able to tell him strait up today when we went to the office and told them his parent would not guarantee the lease they would have told him he could get out of lease. His living with these two other students is not in his best interest since issues surfaced after the signing about bedroom sizes who pays what friends that could and could not be at the apartment etc.

BotXXXXX XXXXXne since they require that a tenants parent gurantee the lease and I'm not willing he can get out.
Expert:  Richard replied 4 years ago.

BotXXXXX XXXXXne is that he can get out of the lease for 3 reasons...1) no security deposit paid, 2) no guarantee by parent, 3) duty to mitigate by releasing, 4) your son is judgment proof anyway. I would not worry about it at all.

 

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