Can anything be done

My child was forced to sign student lease for
college back in November for the upcoming
school year in August. But she will not be
returning to that college and there is no lease
termination clause.

Asked on May 8, 2017 under Real Estate Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I don't know what you mean when you state that your daughter was "forced" to sign the lease. That having been said, as a general rule, you may not terminate a lease early unless the landlord has committed such a material breach of it that your termination is thereby justified (e.g. the premises was uninhabitable, etc.). If you break the lease early without legal cause, you can be held liable for all remaining months of rent under it. That having been said, unless the lease says you cannot sublet, you may. Additionally, if you find somone who can take over you can "assign" the lease to them, so you would not be liable for any rent. However, if the lease bars assignment, you might not be able to do this. Finally, if you do break the lease early, the landlord in under a duty to "mitigate damages". This means that they cannot just let the apartment sit empty and still continue to collect from you. They must make all reasonable efforts to re-lease the premises.


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