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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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My son is in a lease with 2 other people, 1 of them was

Customer Question

my son is in a lease with 2 other people, 1 of them was recently injured in a motorcycle accident and will be immobile for a min of 6 months, the other 2 can not afford the rent nor do they qualify to afford it with out the 3rd person
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: minnesota
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: only 1 of the remaining tennants has an income
Submitted: 3 months ago.
Category: Legal
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Expert:  CalAttorney2 replied 3 months ago.

I am sorry to learn of your son's financial predicament.

Unfortunately, these three individuals still have a contractual obligation to the landlord for the remainder of the lease term.

If they wish to terminate the lease early they can do so, thereby attempting to limit their liability.

To do this, they can give the landlord notice that they are terminating the lease early, and ask the landlord to "mitigate their damages" by trying to find a new tenant.
The landlord can hold your son and his fellow tenants responsible for the lease until: (1) the end of the lease term; or (2) the landlord finds a new tenant, whichever occurs first.

The landlord must use "good faith efforts" to find a new tenant - this would include advertising and not turning down reasonably qualified tenants.

Another option would be asking the landlord if your son and his roommates could sublease the unit so that your son could bring in two new tenants as sub-lease tenants. This of course opens your son up to a whole new type of responsibility as a "master tenant" (he is basically acting as a landlord). But it is another option.

Customer: replied 3 months ago.
The property first not allow sublease, the one is in the hospital with 2 broken legs, a femer,2 broken arms 1 hand, head trauma, internal bleeding and blood behind the eyes, a motorcycle accident, rods in one leg, he won't be able to enter the unit due to 45 steps to get to living area , my son and the other Tennant do not make enough to afford this unit according to the income guidelines set by the rental office, the lease states if anything changes and they can not make the rent they will be evicted and legal processing will take place
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

I understand that there appears to have been a series of unfortunate events that have occurred, but these unfortunate events do not eliminate the legal liability of the tenants (in this case your son and his roommates) under their lease contract.

They can try to use the mechanisms I identified above to minimize their risk, but the landlord is not responsible for reducing rent, cancelling the lease, or otherwise excusing the tenant's performance under the contract due to the tenant's misfortune.

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