Can my son get out of his lease?

UPDATED: Sep 30, 2022

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Can my son get out of his lease?

My son was going to attend college in Carrollton, Ga. and tried to get an
apartment the caters to college students. After being told it would be no problem
getting him qualified, they had him sign a lease. I was not qualified to co-sign
the lease and he is not going to attend this school now. They are telling him he
has to pay the rent.

Asked on July 21, 2016 under Real Estate Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, this situation does not entitle your son to terminate his lease. A lease is a contract. However, in handling all of this, a face-to-face meeting will be best. Unless and until your son is able to negotiate an early termination, he is still liable for the remaining rental payments until the end of the lease term. That having been saidd, the landlord is under a duty to "mitigate damages", which means that they must use reasonable efforts to find a new tenant. If so, then he will be relieved of any further rental obligation. 

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 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.

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