Legal Question in Credit and Debt Law in Arizona

Contract agreement signed by student

my 20 year daughter signed a contract to live in a condominium with two other girls in arizona. she does not have the money or grades to return to tempe to school. she will remain at home in idaho and go to a community college. is she responsible for rent. we did not know of her signing. her college support comes from her parents.


Asked on 8/20/00, 2:02 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Contract agreement signed by student

Technically if she is over 18 she is liable under contract law for the agreement she signed. Since she made the contract in AZ, she can probably be sued in AZ even though she doesn't live there currently (under the "long arm" statute).

However, the other party has an obligation to mitigate damages, so they should be looking for someone to pick up that other share of the rent, and if they are not, they can't obtain damages (in most instances). However, how a court would handle the matter in AZ is open to question. Also, I assume that the contract is between the three girls, and not with the management company that owns the condo. If it is with the management company, the contract may be written in such a way as to give the company more rights.

Your best bet is to try to negotiate a settlement with the parties. To do this you might try to contact a local law school in AZ and see if they offer "legal clinic" services for people like your daughter who don't have funds. Another option may be legal aid services.

Best of luck to you.

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Answered on 9/26/00, 9:01 am


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