Is it my responsibility to re-rent my room in a student apartment?
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Is it my responsibility to re-rent my room in a student apartment?
I am currently renting a bedroom in a four bedroom apartment in a student apartment complex part of campus community. Each roommate signs an individual lease and I have signed a lease through August 1st but I am unexpectedly transferring schools. I have notified the office several months ago to let them know I was leaving and they have repeatedly told me on several occasions that it is my responsibility to find someone to move back in the apartment. I realize I am responsible for the rent until another tenant is found but should they not at least try to help me find someone? I have heard that it is a state law is that they have to make a sufficient effort to re-rent the room. Is this true? I’m wondering if I should get a lawyer involved because I can’t afford to pay seven months of rent for a place I’m not living in.
Asked on December 5, 2011 under Real Estate Law, North Carolina
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You are absolutely correct and that landlord or office who handles the rental is wrong, blatantly wrong, While you are responsible under your lease, you need to read the paperwork given to you from your landlord; did they allow you to surrender your lease? If so, they must either not charge you for the time period remaining or if it is a limtied surrender, they must mitigate their damages by finding another tenant. You can argue this is almost like a constructive breach on their part because they are basically telling you they won't mitigate damages. If so and you bring this before a landlord tenant court, they can get slapped with some huge fines or forego their ability to collect monies from you. If you are a student, talk to legal aid; you might be able to get no cost or low cost representation. Also try the state bar and see if that entity has pro bono programs available to you.
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