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Question

My son (21) and his girlfriend (17) jointly signed a 1 year lease in NY State for an apartment. They recently separated, and she is living alone in the apartment. My question is: is the lease invalid in total because a minor cannot be held responsible, or is my son liable because he is of legal age? Further, if he is liable, should he pay for the balance left on the lease, and have his ex move out?

Submitted: 269 days and 20 hours ago.
Category: Real Estate Law
Value: $20
Status: CLOSED
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Optional Information

Corning, New York

Already Tried:
Have spoken to the landlord, and he refuses to negotiate.
I gather finding tenants is not easy, as this apartment was vacant for awhile. Just would like to know where we stand, legally, because of the under-age issue, does that make the lease invalid? Or, because my son is of legal age, does he have the full responsibility for the remainder of the lease?

Accepted Answer

Whether or not the contract is enforceable against the ex-girlfriend, it is enforceable against your son.

 

He is not necessarily liable for the balance of the lease. The landlord would have an obligation to find a replacement tenant using reasonable efforts (this is called mitigation of damages). If you son is able to find a suitable replacement, that would also help and reduce the amount he would have to pay.

 

Forcing the girlfriend out might be a tricky matter. If the contract with respect to her is found to be valid (e.g she is emancipated or turns 18 and ratifies contract, or contract found to be a necessity, etc.), then he has no right to force her out. If it is not valid, he might run into other problems, such as the fact that she could possibly be considered a minor under NY Law during at least a portion of the relationship Those are tricky waters and I would urge you to advise your son to tread carefully there..

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Expert: J.Hazelbaker
Pos. Feedback: 100.0 %
Accepts: 
Answered: 2/26/2009

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Extensive experience and training in real estate matters.

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