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Seeking Legal Opinion On This Scenario

EDDIEEDDIE Wealthy Alum
Until we figure out what to do, I'm curious to hear an opinion (or two).

OK. I'll get the "bad" out of the way. Son graduated from OSU (sorry!) in Spring with Biology degree. Weighing a nice offer from a Columbus Corporation as a Scientist (entry-level) or Medical School.

He decided to take the job and started about six weeks ago and signed a 1-year lease for an apartment around Hilliard (43228 zip). Rent is $1,000 per month.

A few weeks ago, although he said he likes the job, he just can't see himself staying there for a long period of time. So he decided (and we agreed with the decision) to accept an offer and enroll in Medical School (his true passion).

Classes start in late July.

The apartment complex said they will make no attempt to lease the apartment or find a suitable tenant. They indicated our son is responsible for the duration of the lease (until May/June of 2020). They did indicate he can sublet.

So...Does this apply:

"Ohio requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms. (One caveat, however: This duty to mitigate in Ohio does not apply if the lease includes language relieving the landlord of this duty.)"

Note: There was no language in the lease that included language that relieves the landlord of their duty.

Thanks.

Comments

  • 2xHawk2xHawk Off-Campus Slummer
    Do they currently have other empty apartments they are trying to rent?
  • Spanks004Spanks004 Wealthy Alum
    No legal background here, but for years of my rentals before owning there would typically be a clause stating either early termination. Price period (60 day notice, pay extra), or that you have to find the sublet. I don’t think it’s too crazy, and he should be posting everywhere on social media, old school groups, Craigslist, Zillow to try and get someone in there!
    redhawk11
  • dudis41dudis41 Senior Barfly
    edited July 1
    EDDIE said:



    "Ohio requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms. (One caveat, however: This duty to mitigate in Ohio does not apply if the lease includes language relieving the landlord of this duty.)"

    Note: There was no language in the lease that included language that relieves the landlord of their duty.


    If that's all true, you definitely have an argument that the landlord has to reasonably attempt to get the place rented.  That being said, what is "reasonable" from a landlord's perspective could be quite slow in actuality, so even if the duty to mitigate applies your son may still be on the hook for awhile until they get the place rented.  I guess that mostly depends on how popular his place/area is.  Your son may want to push back on the landlord with this, to see if they will agree to work something out. 

    Other than that, I agree with spanks, check to see if there's an early termination clause first, as that would be the easiest way out.  If not, subletting is an option and I'd also see if the lease allows (or, probably more importantly, explicitly forbids) assigning the lease to another renter.  If your son could assign his rights under the lease, as opposed to subletting, he'd be out completely.   
  • Re6H5wkRe6H5wk Wealthy Alum
    Moral of this story: Don't go to OSU
    Bash_RiprockEDDIEQuinoaburgerDICKbpatMHT_Meme_Team
  • EDDIEEDDIE Wealthy Alum
    Thanks for the good insight. Subletting is out, since it could wind up costing much more, if that tenant skips out.

    Since I posted this, we were informed that Student Legal Service provides legal advice and representation at no charge through July 31 (since he just graduated).

    Re other empty apartments, I'm just not sure.

    My guess is we will have to eat about $3,000.
  • Iam4hawksIam4hawks Senior Barfly
    Doesn't it say something that a recent grad considers staying in a job for a year a "long time." Stay the year, live cheaply, build up some $$ and go to medical school, or is the acceptance limited 
  • redhawk11redhawk11 Wealthy Alum
    Iam4hawks said:

    Doesn't it say something that a recent grad considers staying in a job for a year a "long time." Stay the year, live cheaply, build up some $$ and go to medical school, or is the acceptance limited 

    Acceptance is probably limited, breaking the "rhythm" is school can be tough sometimes, why wait to start studying for the career you are passionate about?
    Re6H5wkDICK
  • EDDIEEDDIE Wealthy Alum
    Yes, the acceptance deadline was the end of June, I believe. Sometimes you can defer the acceptance for one year, but that was not an option.

    And staying at a job a long time was 20-30 years. I didn't mean to infer it was only one year.
  • hawkattack06hawkattack06 Off-Campus Slummer
    Sounds like a valuable life lesson for your son.
    redhawk11JiveHawk
  • QuinoaburgerQuinoaburger Wealthy Alum
    Iam4hawks said:

    Doesn't it say something that a recent grad considers staying in a job for a year a "long time."

    That's how the economy works now, especially for people just getting out of college. I graduated in December 2016 and I've lived in three states since then. Similar stories for a lot of my friends. At my current job, >70% of the employees have been with the company for less than a year. Basically the only way to get a raise/promotion right now is to switch jobs, and the economy is good enough at the moment that you can find plenty of companies willing to hire you.
  • Spanks004Spanks004 Wealthy Alum
    I would have landlords/management companies take over the lease after I found the sublet...so while I had to find it, it ended up not being a sublet of my own...perhaps try that deal with them.
    redhawk11Mowch
  • EDDIEEDDIE Wealthy Alum
    I would prefer to avoid the sublet. It would probably work out, but the worst-case scenario is bad. I don't like eating about 3k, but it looks like that's what's probably going to happen.
  • ChiefPanicChiefPanic Off-Campus Slummer

    Iam4hawks said:

    Doesn't it say something that a recent grad considers staying in a job for a year a "long time."

    That's how the economy works now, especially for people just getting out of college. I graduated in December 2016 and I've lived in three states since then. Similar stories for a lot of my friends. At my current job, >70% of the employees have been with the company for less than a year. Basically the only way to get a raise/promotion right now is to switch jobs, and the economy is good enough at the moment that you can find plenty of companies willing to hire you.
    This is why hiring, even hoping for 3-5 good years, is so difficult right now.


    * shakes fist at a cloud
  • MiamiRedskinsMiamiRedskins Havighurstite
    any chance you have a copy of the lease to be examined
  • elpalitoelpalito Wealthy Alum

    Iam4hawks said:

    Doesn't it say something that a recent grad considers staying in a job for a year a "long time."

    That's how the economy works now, especially for people just getting out of college. I graduated in December 2016 and I've lived in three states since then. Similar stories for a lot of my friends. At my current job, >70% of the employees have been with the company for less than a year. Basically the only way to get a raise/promotion right now is to switch jobs, and the economy is good enough at the moment that you can find plenty of companies willing to hire you.
    This is why hiring, even hoping for 3-5 good years, is so difficult right now.


    * shakes fist at a cloud
    Having to move on to get promoted doesn't just affect recent grads. It's interesting that so many companies prefer to hire inferior external candidates to promoting qualified internal candidates. Does it save money in the long run?

  • Professor_FateProfessor_Fate Wealthy Alum
    EDDIE said:

    I would prefer to avoid the sublet. It would probably work out, but the worst-case scenario is bad. I don't like eating about 3k, but it looks like that's what's probably going to happen.

    He's gonna be a doctor, have him write you an IOU for this money. When he starts making the cash, call in the marker.
    EDDIE
  • EDDIEEDDIE Wealthy Alum
    Yes, OSU lawyers (Student Legal Services) looking at it today.

    any chance you have a copy of the lease to be examined


  • JiveHawkJiveHawk Wealthy Alum
    elpalito said:

    Iam4hawks said:

    Doesn't it say something that a recent grad considers staying in a job for a year a "long time."

    That's how the economy works now, especially for people just getting out of college. I graduated in December 2016 and I've lived in three states since then. Similar stories for a lot of my friends. At my current job, >70% of the employees have been with the company for less than a year. Basically the only way to get a raise/promotion right now is to switch jobs, and the economy is good enough at the moment that you can find plenty of companies willing to hire you.
    This is why hiring, even hoping for 3-5 good years, is so difficult right now.


    * shakes fist at a cloud
    Having to move on to get promoted doesn't just affect recent grads. It's interesting that so many companies prefer to hire inferior external candidates to promoting qualified internal candidates. Does it save money in the long run?

    No. Hiring is really expensive. But in my field staying at a company 2 years is a long time because you can up your salary by 20% with a new title yearly. Big increase over a yearly 3% raise staying put.
  • QuinoaburgerQuinoaburger Wealthy Alum
    JiveHawk said:

    elpalito said:

    Iam4hawks said:

    Doesn't it say something that a recent grad considers staying in a job for a year a "long time."

    That's how the economy works now, especially for people just getting out of college. I graduated in December 2016 and I've lived in three states since then. Similar stories for a lot of my friends. At my current job, >70% of the employees have been with the company for less than a year. Basically the only way to get a raise/promotion right now is to switch jobs, and the economy is good enough at the moment that you can find plenty of companies willing to hire you.
    This is why hiring, even hoping for 3-5 good years, is so difficult right now.


    * shakes fist at a cloud
    Having to move on to get promoted doesn't just affect recent grads. It's interesting that so many companies prefer to hire inferior external candidates to promoting qualified internal candidates. Does it save money in the long run?

    No. Hiring is really expensive. But in my field staying at a company 2 years is a long time because you can up your salary by 20% with a new title yearly. Big increase over a yearly 3% raise staying put.
    Plus, in exchange for that 3% raise they expect you to take on the work of literally four people and refuse to give you a better title (not that that's an exact thing that happened to me and that I'm still super bitter about).
    JiveHawk
  • 2xHawk2xHawk Off-Campus Slummer
    It's crazy that there is so little value for people these days that organizations are willing to pay more to turn over staff instead of just treating the people they have fairly. 

    Back to the original question I would think if the place is advertising or at least has a sign out front advertising available leases that they have covered their end of the responsibility part.  There could be an argument if they fill a comparable unoccupied lease instead of the one in question.  Best bet is to find someone willing to take over the lease for you and avoid subbing.
  • The_SackmanThe_Sackman Wealthy Alum
    Don't rule out strapping fake dynamite to your torso and walking into their office. Could get decent results.
    Bash_RiprockMooreHawkgrumpy1
  • BluesmanBluesman Wealthy Alum
  • profholt82profholt82 Wealthy Alum
    Any updates on the situation, Eddie?
  • EDDIEEDDIE Wealthy Alum
    Yes. He was advised to personally drop off (personally) a letter indicating the date he will be vacating premises (and thus, breaking the lease). A second certified letter will be sent by the attorneys. I'm not sure about date or contents of that letter.

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