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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11783
Experience:  JD, MBA
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My son is transferring to Univ. of Michigan and in his panic

Customer Question

My son is transferring to Univ. of Michigan and in his panic signed an online application for an apartment. he got a receipt that looked as though he was placed on a waitlist. he found other housing and now they are saying the online process was legally binding and he has to assume the lease and find a new tenant. ugh
JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?
Customer: When you go online, the process to check for housing availability is to go through this process before they tell you if the have a room for you. Not sure how my son would have acquired information about housing without filling out their form. He had no idea it was legally binding.
JA: Tell me more about your problem so I can decide what kind of lawyer you need. OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Legal
Expert:  TJ, Esq. replied 7 months ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. Unfortunately, without reading exactly what your son agreed to do, if anything, I can't say for certain whether he is legally bound. Assuming he is legally bound, however, he is fortunate that Michigan requires landlords to mitigate their damages. In plain English, this means that when a landlord is put on notice that the tenant will break the lease, then the landlord must make reasonable efforts to find a new tenant. Once a new tenant is found, then your son is no longer liable for rent. So, if your son is legally bound based upon whatever he may have agreed to, then he should inform the landlord that he will break the lease and that a new tenant should be sought. Your son would then only be liable for rent until the new tenant is found. If a new tenant is not found because the landlord did not take reasonable steps to find one, then your son would be off the hook. This would all be determined in court, where the landlord would need to prove the steps that he took to find a new tenant. Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 7 months ago.
Ok, we'll see what they say. Shouldn't it look like a lease when you are signing it to include rule. terms etc- dont think he got that. Also, he received notice after he left a deposit that he was on a waitlist. Does that factor in in any way?
Expert:  TJ, Esq. replied 7 months ago.
Hi again.Whatever was agreed to will need to state specifically what the terms of the agreement are. If it does not, then there is no agreement.The fact that he was informed that he was on a wait list may or may not be important depending on the terms of the agreement.The bot***** *****ne is that there's no use speculating about this without reviewing the actual terms of the agreement.
Expert:  TJ, Esq. replied 7 months ago.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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