Legal Question in Business Law in Florida

College Dorm-style apartment contract

I planned on staying at the Collegiate Living Organization. It is a dorm style privately owned building. The only prerequisite for living there is that you are a student at University of Florida.

Well, I signed the contract and paid the deposit so I could stay there since I was going to go to University of Florida in the fall. Then I discovered there was a mixup at UF and they had dropped me as a student, and it was to late to re-apply for the fall semester so I am unable to take classes at UF in the fall.

Because of this I called the CLO and told them, and they told me I still had to pay them for rent. I told them ''but i am not an active student'', and that is a mandatory policy for staying at CLO. They then said I ''lied when i signed the contract'' so I am still obligated to pay rent. But clearly, I did not lie, i actually believed I was going to UF in the fall and thought I was an active student at the time i signed the contract.

PLEASE help,

Thank you,

--name removed--Smith


Asked on 8/03/05, 7:46 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: College Dorm-style apartment contract

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Without reviewing the original agreement, it is hard for anyone to provide an opinion. I would suggest, however, that if they continue to refuse to release you from the lease, then you try to find another student to assume your lease. Provide the name of the student and all pertinent information and I believe that the landlord would most likely agree to allow the lease to be assumed without any futher obligation to you.

Scott R. Jay, Esq., 305-249-8000

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Answered on 8/03/05, 11:12 am


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