Is it my responsibility to re-rent my room in a student apartment?

UPDATED: Dec 5, 2011

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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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