Is a lease meant for 3students legal before all 3 sign it?

My daughter who is at college signed a lease for the school year believing that her 2 friends were also going to sign the lease. My daughter paid her $500 deposit and then found out 1 of the girls was not returning to school next year. The lease clearly indicates that it is meant for 3 renters. It divides the rent into 3 portions. The lease was signed by my daughter and 1other girl. The third girl did not sign. Is my daughter responsible for all the rent if she doesn’t find anyone else to live there and is the lease even legally enforceable without 3 signers?

Asked on November 2, 2011 under Real Estate Law, New York


Michael D. Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

It will depend upon the terms of the lease.  It could be drafted that way, but it is not required to be that way.  Have a lawyer look at the document.

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