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Michael Gonzalez
Michael Gonzalez, Lawyer
Category: Real Estate Law
Satisfied Customers: 60
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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Before i move forward with this situation, i would like to

Customer Question

Good morning. Before i move forward with this situation, i would like to get your opinion. my daughter was in collage in 2012. she has since gradated. she and 3 of her school mates was to Occupy an apartment, but my child failed that semester. she contact the rental office, they told her they will call her back, never did.her friends moved into another unit. well i received a letter from the complex saying that i owed them 6,100 and dollars. I called them and said she never moved in. they said she signed a lease and she had to pay the full amount. well i didn't think that was fair. there was 4 other people that moved into the unit. the room that my daughter was suppose to move into, they was able to rent it out to a young man, which means the didn't miss any money. I sent my daughter to knock on the door and they gave the name of the young man who occupy the room. i then called consumers report and don't know what happen but they knocked it down to 2,100. this has been on my credit for 4 years now. is there anything i can do. i don't have the money to pay them and a lawyer. please help.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Michael Gonzalez replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I will assume that your daughter indeed signed the lease agreement and she was over 18 when she did. Therefore, I will attempt to focus on mitigation of damages. In many states, a landlord may recover lost rent until the premises is relet. However, upon retaking possession of the apartment, the Landlorda has a duty to make a good faith effort to relet the premises. See Fla. Stat. 83.595(2) as an example. Typically, acceleration clauses are prohibited (i.e. landlord cannot claim for rent that has not accrued in residential cases. Thus, landlord's damages are mitigated (or reduced) by the amount of rent Landlord received upon reletting the premises.

I will also presume that since it has been on YOUR "credit" for the past 4 years then you must have personally guaranteed the lease on behalf of your daughter. Generally, all tenants (any guarantors) will be liable jointly and severally for any rent owed. This means that the landlord can pursue your daughter and/or any of her "co-tenants" with your only remedy is to seek a separate contribution claim by your daughter against the other co-tenants for any money your daughter (or you) had to pay to resolve this disupte.

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