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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 46304
Experience:  Attorney with 29 years of experience.
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my daugghter signed a lease with2 other, will be moving in

Resolved Question:

my daugghter signed a lease with2 other, will be moving in aug 1 but opportuniy came up has to move back home, deposit paid already
Submitted: 2 years ago.
Category: Legal
Expert:  Richard replied 2 years 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 morning. Because she has signed the lease, she is obligated. BUT,

even though a tenant does not have
the right to terminate a lease unless the landlord is in default in some way,
once the tenant has notified the landlord the tenant is
terminating, the landlord and the other roommates have a duty to mitigate the damages...meaning they must
use reasonable efforts to re-lease the room. Once the property is
re-leased, or if they do not use reasonable efforts to re-lease, the tenant
is off the hook for further obligation. Given
the positive lease market, it is unlikely a judge is going to rule they have
satisfied the burden of using reasonable efforts to mitigate if the room is
not re-leased within at least 2 months....so it's unlikely that a tenant is going
to have liability in excess of two months.



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Thanks for allowing me
to be of service to you. Please be aware that the information provided here is
not legal advice. Rather it is simply general information. All states have intricacies in their laws
and any information given is simply information only and specifically is not
intended to be, nor does it constitute, legal advice. This communication does
not establish an attorney-client relationship with you. I hope this answer has
been helpful to you.





Customer: replied 2 years ago.
is there a time that contract can be pulled out since there's 2 weeks left, my daughteer is in chicago and scheduled to be back in texas july 26, and meet with the school faculty, she was given late acceptance offer is better than in chicago
Expert:  Richard replied 2 years ago.
It would be up to the landlord. Unfortunately, there is no cooling-off
period for leasing real property. Once the lease is signed by both parties,
it becomes a valid contract. There
could be grounds to rescind or break the lease if the unit was not acceptable.
For example, if the unit was misrepresented as being something it is not or
having something it does not have, a tenant may declare a rescission of the
contract. Also, if the unit had
significant defects or other problems, the tenant may also declare a rescission
for these reasons. A valid rescission
will terminate the tenant's obligations under the contract. In the case of a rescission, you must set
forth the grounds in a written notice of rescission to the landlord and return
the keys as soon as possible.
Richard, Attorney
Category: Legal
Satisfied Customers: 46304
Experience: Attorney with 29 years of experience.
Richard and 14 other Legal Specialists are ready to help you
Expert:  Richard replied 2 years ago.


Hi there. I have received a response that indicated that you did
not consider my answer helpful. My goal is to provide an answer that completely
answers your questions and I strive to achieve that goal with each of my
customers. I feel I completely, thoroughly, and accurately answered both your original question and your follow up. How may I supplement my response to provide you a completely
satisfying response? I recognize the answer might not be what you
hoped it would be, but if there is any question left unanswered, please let me
know. Please be aware that any rating of 1 or 2 is reflected as a negative
rating, reflects negatively on my job performance, and I receive no credit for my answers
. Thank you!

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