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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2982
Experience:  Litigation Attorney
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Off campus student housing. Need to break lease. They placed

Customer Question

Off campus student housing. Need to break lease. They placed my son with guys that smoke pot in a non-smoking apartment. The Management named the main offender before we told him, so they were aware. I work for Sheriff's Office which they were also aware of. Can I break lease on their failings?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

What state are you in?

Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

When you sign a lease, it is binding even if the University assigned your son with roommates. A couple of options, many times these places will allow residents to trade roommates, you might have you son check into that. Next, he needs to read the lease and see if subleases are allowed. If so, he could find a person to take his place and not have to break the lease. In the same area, your son could also find a viable replacement and not sublease but break his lease and have an immediate replacement. Let me explain, when you break a lease you technically owe the landlord rent until the end of the lease, but the landlord cannot "double dip" which means to charge your son rent because he broke the lease and also rent the property to a new tenant. So your son would no longer be liable for breaking the lease if a new acceptable roommate moves in. He should really speak to management and see what his options are and if they will, under the circumstances let him break the lease, trade roommates or replace a roommate. I think you will find that some landlords are very understanding (some are not). To answer your question, no your son cannot break the lease under these circumstances without consequences unless he has permission.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Customer: replied 1 year ago.
I have tried to sub-lease, but a non-smoking apartment is a lie now and no one will take sub lease.
Expert:  Christopher B, Esq replied 1 year ago.

You are going to have to make a deal with the landlord and see if any of the other options I listed are available.

Expert:  Christopher B, Esq replied 1 year ago.

Just checking back in, do you have any further question? I want you to be satisfied with my service, so please let me know.

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