What can we do if my son was recently accepted to a state university so signed a lease nearby but now has just been notified by the school’s financial aid department that he cannot start this semester?

He had already sign a lease agreement with the apartments where he had planned to stay. The leasing agent told him he would have to take the apartment unless he finds somebody to take over the lease. School was the only reason he was moving there. What can he do?

Asked on July 30, 2015 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

He can find someone to take over the lease (assign it) or to sublet from him; unfortunately, having the school not accept him does not let him out of the lease or provide a legal defense to paying the rent under it, so the landlord could hold him liable for all the rent due for the entire term of the lease, and sue him in court to get it if he will not pay voluntarily. (Once someone signs a contract--and that's what a lease is; a contract--they are responsible for it even if their situation changes.) Even if your son never moves in, he will be responsible for the rent.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.