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?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.


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