contract-law civil-law legal-terms rent
Legally enforceable contract?
<p>I told my landlord that I will only be living in the apartment for half a school year because of my early graduation. I told him that my girlfriend would be taking over the other half of the school year, and he was onboard with that. The contract states that she will take over my contractual obligations at some point during the term of the contract. All three housemates including myself signed the contract. However, my girlfriend never signed the lease. Her name is listed but there is no signature. She decided to transfer schools and will not be living in the apartment.</p>

<p>The landlord is now saying that I am legally obligated to pay for the rest of the lease, and she is off the hook since she did not sign. He said he will be taking me to court  to have the judge decide. Am I legally obligated to come up with the rest of the payments?</p>

<p>You may be liable, depending on the exact provisions of the lease which you signed. However, in most US states, a landlord is required to use the best possible efforts to <em>mitigate damages</em> by re-renting the apartment, and you would be liable only for the difference, if any, between the rent under the lease you signed, and the amount which the landlord is able to collect from a new tenant. You can also seek out a substitute tenant. The landlord does not get to have double rent from you and from a new tenant. The precise rules, and the procedure by which they are enforced, will vary depending on the location (country, state, and in some cases city).</p>
