Legal Question in Real Estate Law in Minnesota

Rrights do tenants have if they cannot fulfill a lease due to inability to pay

College student signed a one year lease along with 7 other people to rent a house. With 3 months left on the lease, can no longer afford to live there. Have tried to sublet with no luck. What options do I have?


Asked on 4/06/06, 4:42 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Rrights do tenants have if they cannot fulfill a lease due to inability to pay

You are in an unfortunate situation. If you move out without subleasing, you are liable for the rent until the end of the lease unless the landlord finds someone and rents the place before the end of the lease. Then your liability would be reduced by the time period that the place is rented to someone else.

The other six students share your liability in the following manner: each of you is liable for the entire debt. The landlord can try to collect the entire thing from any one of you. Each of you, however, has a right of contribution from the others. Run a google seach on "joint and several liability" and you'll see what I'm talking about.

Next time do a verbal month to month lease without anything in writing. It's much easier to get out of.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 4/07/06, 11:53 am


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