Synopsis:
Here, our clients—parents of a college sophomore—needed guidance after their daughter’s living situation deteriorated because of growing tensions with her roommates. The living environment caused the daughter unwanted anxiety, resulting in her moving back home and commuting to school. Despite her absence from the rental property, she continued to pay rent and utilities and left her personal electronics and appliances for her roommates' use.
As time passed, the roommates became increasingly hostile and excluded her from communications and activities. Around the same time, a competitive summer internship arose, requiring daily long-distance commuting and a full-time work schedule, making a return to the rental home both emotionally and logistically impractical.
The college student and her father had already signed a lease renewal several months prior, committing them to another academic term beginning mid-summer. When they approached the landlord about terminating the lease early, before the end of the term, the landlord flatly refused.
Challenge:
Negotiate an early termination from a residential lease, signed by all tenants with minimal disruption for the remaining tenants where the landlord alleges the lease provides for "joint and several liability". In other words, all are responsible for the rental costs!
Approach:
Our first step was a thorough review of the lease, which included standard language common in most college-town rentals. Most leases where multiple student tenants reside include the “joint and several liability” clause. This clause means any co-tenant can be held fully responsible for the entire rent and terms of the lease, regardless of individual use or contribution.
Our analysis included the additional step of investigating the landlord’s compliance with local housing regulations. This included reviewing zoning classifications and rental licensing requirements.
Key findings:
These oversights rendered the lease legally questionable and potentially unenforceable.
Strategy & Solution:
The student's father, as co-signer, contacted the leasing agent to request a lease termination, citing hardships because of the internship and commuting distance. As expected, the agent reiterated that the lease was binding unless a suitable replacement tenant was found and approved by all parties, including roommates and the landlord. The leasing agent also advised that the family would be responsible for “administrative replacement fees” even though the requirement for payment of those fees was not detailed in the lease.
We suggested that the father inform the agent that the landlord was operating the property in violation of zoning and licensing regulations:
The agent attempted to argue that RSA-5 permitted the current use. However, we had already explained to our client that RSA-5 zoning does not allow the kind of unrelated cohabitation common to boarding houses unless the property is reclassified and properly licensed, and this enabled the client to provide this same explanation to the agent.
Results:
Faced with the legal and financial implications of noncompliance—including the potential costs of inspections, licensing, zoning variances, and even litigation—the landlord quickly agreed to release our clients from the lease.
This resolution avoided legal proceedings, preserved relationships, and ultimately ensured the student could focus on her mental health and professional growth opportunities.
Takeaway:
Even when lease agreements appear airtight, thorough research into zoning laws and rental compliance can uncover options for lease avoidance. Landlords must adhere to local housing laws—failure to do so can invalidate even legally drafted and signed lease agreements.