Ask Experts Questions for FREE Help !
Ask
    chsguy's Avatar
    chsguy Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jul 18, 2012, 07:10 PM
    South Carolina Apartment Lease
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #3

    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's Avatar
    chsguy Posts: 3, Reputation: 1
    New Member
    		  
    #4

    Jul 18, 2012, 07:27 PM
    Quote Originally Posted by ScottGem View Post
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    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's Avatar
    chsguy Posts: 3, Reputation: 1
    New Member
    		  
    #6

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

    David.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is it OK for a landlord in the state of South Carolina to put in a lease.. [ 6 Answers ]

is it OK for a landlord in the state of South Carolina to put in a lease that it is the tenants job to repair anything that goes wrong with the house knowing it was not up to code when the renters moved in? Also by law can the landlord make the tenent pay for attorney fees if the suit goes to...

I am on South Carolina probation and was arrested in North Carolina for shoplifting.. [ 6 Answers ]

I am on probation in sc and was arrested in nc.. will my po find out? Will I go to prison.. I have completed my drug classes and all my fines are paid on time..

How to break a lease in South Carolina [ 3 Answers ]

Ok, here is my deal... I signed a 6 month lease with my roommate who works for my landlord. I was offered a job in another city and told my landlord over a month before I moved out that I had to move. She told me to find someone to take my place and everything would be fine. So I did. I found...

Breaking an Apartment Lease in South Carolina [ 2 Answers ]

I am currently in the middle of a divorce and have been living in my office for the past 5 months. I finally decided to rent an apartment on a 6-8 month bases but was hesitant because I expect a job offer from 1 of 4 job applications I submitted at other federal installations in the lowcountry (I...

View more questions Search