Can my son get out of his lease?

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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

Answers:

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

Answered 5 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. 


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