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chsguy
Jul 18, 2012, 07:10 PM
My daughter and her friend (both 21) signed a lease for an apartment at a S.C. university. The friend decided she cannot afford the lease payment and is bailing. What recourse does my daughter have. Neither of them have moved into the apartment as of this point in time. My daughter has given a $300 deposit. Thank you for your help.

ScottGem
Jul 18, 2012, 07:20 PM
Will the landlord lket her out of the lease? She can sue the friend for her costs.

AK lawyer
Jul 18, 2012, 07:20 PM
The deposit is the least of her worries. The landlord will probably keep that.

Your daughter should try to find a new room-mate, and get an assignment of the friend's rights under the lease. If that doesn't work, Your daughter is stuck for the entire rental amount, for the duration of the lease. If your daughter notifies the landlord that she will not be able to make the payments, the landlord should begin finding another tenant. If an when new tenant(s) are located, the amount received from new tenant(s) would be credited to what your daughter and her friend owe the landlord.

Your daughter can, of course, sue her friend for how much she has to pay because of the friend's breaking the lease (above what your daughter would have paid anyway as her share).

chsguy
Jul 18, 2012, 07:27 PM
Will the landlord lket her out of the lease? She can sue the friend for her costs.

Her landlord has agreed to allow her to try to find another roommate... but with school starting in 3 weeks...
Suing the "friend" would not benefit the situation right now.
Guess the fact that "they" signed the contract is really the fact of the matter that "they" are liable.
Thank u

ScottGem
Jul 19, 2012, 03:28 AM
The problem is they are liable JOINTLY not separately. So each is liable for the full amount. So your daughter has to pay the full amount and get it from the friend.

chsguy
Jul 19, 2012, 03:34 PM
Thank You for your assistance... it is appreciated.

David.