Legal Question in Civil Litigation in North Carolina

I filled out an online application as a cosigner for a apartment for my son. The application said it was not a lease. The application stated the lease would not go into effect until all concerned parties signed the lease. My son singed the lease in Feburary. Before I could sign the lease we found out that my would not be able to attend school next semester because of funds. I called to tell the apartment complex I would not be signing the lease. They told me that when I filled out the application that was my signature for the lease even though the application states differently. They said they didn't need my signature since my son signed but yet they used my credit and income to rent him an apartment. Am I obligated to this apartment?


Asked on 6/07/10, 8:53 am

1 Answer from Attorneys
Rachel Hunter

I would need to see the lease - that is what governs here. A tenant cannot break a lease in general. There is no exception for college students. The landlord has a duty to obtain another tenant, so that should mitigate your damages.

See what the lease says about cancellation or breaking the lease. Either pay the penalty set forth in the lease or offer the landlord 2 months' rent in lieu of damages. Before you pay, get a signed termination agreement that this will be acceptable and then pay. The only other alternative is to try and sublet or find another tenant, but that has to be allowed (many leases prohibit sub-leasing) or the tenant has to be acceptable to the landlord.

If you would like my assistance, feel free to contact me.

Rachel Hunter

Attorney at Law

(678)-687-9693

Admitted in GA, PA & NC

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Answered on 6/07/10, 12:27 pm


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