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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35836
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am currently in a lease with my sorority house. I am only

Customer Question

I am currently in a lease with my sorority house. I am only allowed to live in the house if I am a current student enrolled in my university, but I am graduating 5 months before my lease is over. After I graduate I am given 6 days to move out or I will be automatically evicted. Although I am graduating early, which I did not know I was going to when I signed the 10 month lease, they still want me to pay for my rent even though I will not be allowed to live in the house at all. Is this legal? Can they make me pay for an apartment that they won't let me live in? I have my contract if needed.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Customer: replied 7 months ago.
Thank you so much!
Expert:  Barrister replied 7 months ago.

they still want me to pay for my rent even though I will not be allowed to live in the house at all. Is this legal? Can they make me pay for an apartment that they won't let me live in?

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No, this wouldn't be legal for them to refuse to allow you to live there but require you to pay the rent.. They have put in a clause in their own contract that makes your performance under it impossible. This is called "frustration of contract" and basically happens when the parties agree to a contract under certain assumptions at the time it is made that are fundamental to the agreement. If those fundamental assumptions change through no fault of either party and make performance under the contract impossible, then either party can move to have the contract cancelled.

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So they have two options...either waive the rule that says you have to move out and you continue to live there until the lease terminates OR, they release you from any further liability under the contract once you graduate and vacate.

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They can't have it both ways....you move and continue to pay for an empty room... no judge is going to enforce that contract as it is unconscionable and against public policy.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 7 months ago.
Please tell me when you get more information.
Expert:  Barrister replied 7 months ago.

I am not sure what you mean... were you not able to see my answer that I posted at 1:37 pm?

Customer: replied 6 months ago.
I just received your answer! Thank you very much and your information is appreciated.
Expert:  Barrister replied 6 months ago.

You are very welcome. Happy to help any time. I apologize about any technical issues that might have kept you from seeing my answer...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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