My daughter and a roommate signed a 1 year lease on an apartment and 2 months later the roommate left without a trace?

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My daughter and a roommate signed a 1 year lease on an apartment and 2 months later the roommate left without a trace?

My daughter notified the leasing office. They informed her that she would be responsible for the rent each month for the remainder of the lease unless she could locate the abscent roommate. My daughter paid the rent for the remainder of the year and at the end of the lease, notified the office she would not be renewing the lease. A few items were left in the apartment that belonged to the abscent roommate. The complex is now charging my daughter 3 months rent stating because there were items left in the apartment after she moved out it was still considered occupied. Is this legal? What are her options?

Asked on August 28, 2012 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you and your daughter carefully read the written lease to see what its terms state. If the lease by its own terms ended on a certain date, the mere presence of a few items does not mean that the lease was continued beyond what the written lease states. From what you have written, the property manager and the landlord seem to be pulling a fast one by claiming occupancy beyond the terms of the end date of the lease for three (3) additional months.

I suggest that you and your daughter consult with a landlord tenant attorney about the situation you have written about.


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