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  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Do I Still Have to Pay Rent if I'm Transferring Universities?

    My question involves landlord-tenant law in the State of: Indiana

    I signed a lease in March 2008 for a 4 bed/2 bath apartment with 3 other friends. At the same time, I was applying to transfer to another university in Illinois. I received notification of my admission in May 2008. The landlord called me and she said that I had to look for a subleaser or else I would have to pay rent even if I'm not living there for the 2008-2009 school year. The off campus apartment does not belong to Purdue University.

    Under the Deposit section, it says: It is hereby agreed that if the Lessee shall fail to take possession of the premises or shall repudiate the Lease before the beginning of the term, the Lessor shall keep the deposit as liquidated damages for such breach.

    Under the Default section: Upon failure to pay any part of the rent when due of if Lessee shall violate any other term, condition or covenant of this lease, or if Lessee shall fail to promptly take possession of or shall abandon the premises, Lessor shall have the right to re-enter and repossess the premises, to remove all persons therefrom and to remove and/or sell property therefrom, and in such event, all rights of the Lessee shall terminate but the Lessee shall remain liable for the rent herein specified during the remaining term of this Lease, plus Lessor's cost of repossessing and reletting the premises. Lessee hereby waives notice of any failure or default in any demand by Lessor for possession of the premises. In the event Lessor shall repossess the premises, Lessor shall not be required to accept any tenant for the premises offered by the Lessee. Failure on the part of Lessor to reenter or repossess the exercise of any such rights during the continuance of such default or upon any subsequent default. If Lessee shall violate or breach any termor condition of this Lease, then Lessee shall pay all costs and expenses, including attorney's fee's incurred by Lessor, in connection with its exercising any rights or remedies it may have under this Lease because of such violation or breach.


    Thank you very much!!!!!!!!!!!

  2. #2
    Join Date
    Jan 2006
    Posts
    25,851

    Default Re: Do I Still Have to Pay Rent if I'm Transferring Universities?

    Did you take possession of the apartment? Does the lease extend into the '08-'09 school year?

    1.yes; you owe as the LL stated

    2.no; LL retains your deposit as liquidated damages.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Do I Still Have to Pay Rent if I'm Transferring Universities?

    thank you very much for your response! I had that sublease problem before I took possession of the apartment, when I only signed the lease during spring 2008. The lease does extend into the 08-09school year. Right now the current situation is that we found the fourth roommate who is subleasing the apartment and the security deposit that's under my name will be only returned if the apartment is in good condition.

  4. #4
    Join Date
    Jan 2006
    Posts
    25,851

    Default Re: Do I Still Have to Pay Rent if I'm Transferring Universities?

    if you did not take possession, then option #2 would seem to be applicable, and very preferrable. Now, since you are still a leasee, whatever damage happens during the term of the lease, you have liability for.

    You would be able to seek compensation from whomever caused it but that is a seperate action and outside of the lease.

    in either case; #1 or #2, I would plan on losing the deposit to the LL. Might as well plan on it and figure out how you want to deal with the loss.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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