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bmharter

Getting out of a lease

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My 18 year old daughter signed a lease (electronically) to move into an apartment near her college.  She did not submit a deposit.  Within a week, she decided she wanted to stay at home and notified the complex by email of her wish to not take the apartment.  The apartment complex does not want to let her out of the lease, even though she has never taken possession of the apartment.  She has only paid registration and processing fees.  She doesn't want those fees back...she just does not want to pay the No Cause Early Termination fee, which is six months rent!  Any suggestions?     

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24 minutes ago, bmharter said:

Any suggestions?   

 

If her college gives a course in business law, she needs to take it and learn the consequences of signing contracts and then breaching them.

 

She will owe rent from the date she was supposed to take possession until the landlord rents the apartment to somebody else.

 

Ohio law is quite clear on that.

 

Quote

Lessees are potentially liable for rents coming due under the agreement as long as the property remains unrented. The important corollary to that is that landlords have a duty, as all parties to contracts do, to mitigate their damages caused by a breach. Landlords mitigate by attempting to rerent the property. Their efforts to do so must be reasonable, and the reasonableness should be determined at the trial level. If the lessor has acted reasonably in attempting to secure a new tenant, the lessee is liable for the rent up to the point of the lessor's finding a new tenant, or the expiration of the lease, whichever is earlier.

 

See Dennis v. Morgan, 89 Ohio St. 3d 417 - Ohio: Supreme Court 2000

 

https://scholar.google.com/scholar_case?case=2698589641397604684&q=Dennis+v.+Morgan&hl=en&as_sdt=4,36

 

She doesn't have to pay anything until the apartment is re-rented and the landlord presents her with a bill. She could, theoretically, be on the hook for the entire 6 months if the landlord has made reasonable efforts to re-rent but, for some reason beyond his control, cannot.

 

 

 

 

 

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