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    accounty's Avatar
    accounty Posts: 8, Reputation: 1
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    #1

    Jun 20, 2009, 05:30 AM
    Get out of lease signed but not moved in yet
    The situation is my son signed a lease to move into an apartment starting July 1. a week ago he informed by motor vehicles dept. that he is now being held responsible for a 13,000 debt his father did not pay due to a lawsuit.(My son was a minor driving his father's car, not knowing car was not registered due to insurance lapse. Got in an accident. Person's insurance co. sued father and son. Father was suppose to pay but did not).
    I offered for my son and his roommate to move into my place( I am moving in with my boyfriend) where the rent is one third of the cost and making it possible for him to make payments on the lawsuit and pay rent. Is there anyway he can get out of the lease.
    accounty's Avatar
    accounty Posts: 8, Reputation: 1
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    #2

    Jun 20, 2009, 05:33 AM

    I also wanted to state Both my son and I live in dutchess county in New York state
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jun 20, 2009, 05:52 AM

    Depends on the landlord. Most likely he will not be able to get out unscathed. He will probably have to pay at least the July rent.

    He should talk to the landlord and explain the circumstances and see what they say.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jun 20, 2009, 06:17 AM

    The landlord can hold them to the lease and expect them to pay for the rent till he finds a new tenant.
    He does have to search and look for one.

    Now on the other debt, I may suggest an attorney, since as a minor at the time, even if listed in the law suit, I don't think they can hold him liable for the debt but the parent.

    So best bet, talk to the landlord and try to reach some MONEY settlement to end it. If not he will have to pay each months rent till the apartment is rented to someone else.
    accounty's Avatar
    accounty Posts: 8, Reputation: 1
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    #5

    Jun 24, 2009, 10:47 AM
    Thank you for your help I contacted a lawyer on the lawsuit and they can hold him liable so he is making payments to keep his license and then we are suing his father for the amount If my understanding is correct once we sue the father and win then we can have the debt permenamently moved to him then my son is done with it


    As for the apartment my son talked to the landlord and you were all correct in the fact about him having to pay until the apartment is rented but the landlord did mack a deal he allowed 2 more of my sons friends to move in (signing the lease) so the amount is less since the rent is 4 ways instead of 2. The lanlord said he allowed this since all of them are EMS workers 2 EMT 2 firefighters.
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