Tennent Lease

UPDATED: Oct 1, 2022

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Tennent Lease

My son signed a 1 yr lease in an apt complex in Cleveland and then got a job in
Columbus and moved. When reviewing the contract there was no out clause for this
contract is this acceptable? He asked what if anything he could do to get out and
they advised him that ‘he could find a replacement renter and that they would
look as well’. In the meantime ‘you are responsible for this rent’. He is a
college student in the Columbus area and he doesn’t have the income to pay this
rent for a full year, He has been paying the rent every month for the last 4
months but he is struggling. and honestly I can’t imagine they the apt complex
are spending time looking for a renter. Is there any recourse we can take?

Asked on January 8, 2019 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is 100% acceptable to not have an early termination or "out" clause--in fact, it's pretty much standard. You sign a lease, you are obligated for rent for the entire term or duration of the lease. Getting a job in another city is NOT a valid reason to get out of a lease: a party to a lease (the tenant) cannot use a change in his own life or circumstances as grounds to escape his obligations to the other party (the landlord). You can only escape a lease if:
1) The landlord violated some material term or provision of the lease;
2) The apartment is not inhabitable; or 
3) You can prove that the landlord lied to you about something important to get you to sign the lease (committed fraud).
Otherwise you are obligated. Finding someone to take over the lease or sublet from your son is likely is only recourse.

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 AttorneyPages.com 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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