Legal Question in Real Estate Law in North Carolina

Multi party signatures on lease, one tennant leaves. What is liability of remai

My daughter leased an apartment in Raleigh,NC with a friend in 10/2000. The friend left the apartment without notice this week. My daughter remains in the apartment with rent paid through 1/2001. The lease was signed 10/2000 for 1 year by both tennants. Is my daughter liable to pay the full rental amount in lieu of the missing 2nd tennant? Both signed the lease & my daughter makes minimum wage income & cannot afford the burdon of full rental payment. She will likely move soon to less expensive accomodations. What are her rights as she has never defaulted on a rental payment in the past but is now faced with extreme frustration & no one to share the expenses. Thank you

Asked on 1/05/01, 4:33 pm

1 Answer from Attorneys

Donna Jackson Donna Jackson, Attorney at Law

Re: Multi party signatures on lease, one tennant leaves. What is liability of r

Check the lease for the following things:

Does it say that each signer is liable for full rent if the other defaults?

Does it say that she can sublease or assign her lease to someone else? (If so, if she can find someone to take the apartment for the rest of the lease, they will become liable for the rent as long as they are there.)

Also, I believe the landlord has to make reasonable efforts to lease the apartment to someone else if your daughter leaves early so she at least would not be liable for the rest of the year. Other than that, she will probably have to pay the fee for breaking the lease and possibly pay the rent until someone else moves in. Has she tried to get another roomate?

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Answered on 1/10/01, 10:07 am

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