Housing lease question

This is a discussion on Housing lease question within the Real Estate and Property Law Questions forums, part of the Legal Questions & Answers Forum category; My college student is on a lease with 5 others. Due to extenuating circumstances she needs to move home. We spoketo the landlord and he said no problem she wasn't ...

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    Housing lease question

    My college student is on a lease with 5 others. Due to extenuating circumstances she needs to move home. We spoketo the landlord and he said no problem she wasn't bound to pay anything more given her 30 day notice. Now he says differently. One of the parties on the lease moved out and another person moved in and a new lease wasn't written. Does this help my case?


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    I am not sure why he said she was not bound by the lease. If the lease is enforceable and specifies a certain time frame (e.g. 1 year lease) then she is bound by that lease. I will invite someone who is a little more familiar with leases to take a look at this question for you.
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    Generally, a person is bound by a written lease for the term listed on that lease. Some leases have clauses that will specify whether or not a tenant or landlord can get out of a lease early upon notice. The lease should also provide whether it can be amended by an agreement between the parties. So look over lease carefully to see if it says anything about a person terminating their lease early upon notice or something of that nature.
    Does your son/daughter have anything in writing from the landlord confirming that he/she is no longer bound to pay? letter/ email? did your son/daughter give any money or anything to the landlord in exchange for his/her promise to discontinue rent obligations?
    The fact that a new person moved in may not require signing of a new lease depending on what the lease says about assigning or subletting. Assignment is when a current tenant allows someone else to move in and pay the rent but still remains obligated to the landlord under the lease. A sublease is when the current tenant gives the obligation of the lease to a new person who is responsible for the lease, which would probably require that person to sign a new lease. If this is just an assignment and someone moved out and another moved in, there would not necessarily be a reason to sign a new lease until the original lease expires. This really all depends on the language in the lease.


 

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