My son moved in to a house with some friends from high school. They are all under 21. The home is owned by the parents of one of the boys. He signed a 1 yr. lease and everything was fine for the first few months, but in the last 2 months there has been a lot of underage drinking going on there, as well as one of the roomates (landlords son) smoking pot in the house daily. My son doesn't participate in those activities and is uncomfortable living there. He wants to get out of the remaining 3 months on his lease. The landlords son has told his parents that my son wants out but not given them the reason, so they expect him to find someone to take over his lease. My son can't recommend this living situation to anyone in good conscience. He is going to give written notice and tell them why he wants out. What else does he need to do?

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Originally Posted by CitaPhoto

My son can't recommend this living situation to anyone in good conscience. He is going to give written notice and tell them why he wants out. What else does he need to do?

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Hello C:

He doesn't need to recommend it. He only needs to fulfill his bargain, or get sued. I'm sure there are LOTS of teenagers who would LOVE to live there. He needs to find one.

What surprises me, is that he, and you both, are surprised at what went on. I guess I shouldn't be, though. The fruit doesn't fall far from the tree. No wonder he thinks snitching on his roomies is the appropriate solution. YOU think so too.

excon

The problem is that the he and his room-mates signed doesn't (I expect) allow one tenant out just because co-tenants are breaking the law. Does the lease provide that lessees (your son and his room-mates) will abide by all applicable laws?

The LL's main concern is that the rent is paid on time and the premises are not damaged. If there is pot smoking or underage drinking going on, what is LL to do? Call the police, get the room-mates arrested and probably loose them as tenants? The result is that, as a joint-and-several signer of the lease, your son would be left responsible for the entirety of the lease payments.

I suggest that he not give written notice to the LL. Doing so will constitute a breach of contract and will subject him to legal liability. Instead,find suitable replacement roomies and get the present roomies to give their notices.

I am assuming that, although under the age of 21, your son is over the age of 18 and legally competent to enter into a contract such as a lease.