Legal Question in Real Estate Law in Massachusetts

Lease

My 20 yr. old son signed a lease for a frat house in NH - he was not accepted back to the NH school so cannot rent there. What is HIS obligation - do his parents have any obligation - and what will happen to him since he can't pay the rent - he is a full time student with no income.


Asked on 9/11/08, 9:01 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Lease

Your son is legally responsible for the remainder of the lease term. However, the landlord can not seek rent from your son under the lease while taking rent from the frat brothers currently living in the house.

Your son should send a written termination of the lease to the landlord immediately, with an explanation of the circumstances. The landlord will probably be sympathetic, and if he is not, he will be extremely limited in his options so long as he has a full house and is collecting rent.

You might consider speaking with an attorney to make sure this goes as smoothly as possible. I am located in Quincy if you would like to stop by.

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Answered on 9/11/08, 9:13 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Lease

He is obligated under the terms of the lease, but the landlord has a duty to try to minimize damages, by trying to re-rent it. Unless the parents co-signed, they have no obligation.

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Answered on 9/11/08, 1:34 pm


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