Q: Can "frustration of purpose" be my legal reason to breaking the off campuse housing lease？
My classes and my roommates‘ classes are remote due to covid. I signed a one year lease on May. And my college update about most of classes will be online on August. I had negotiated with landlord about break lease. And had ask about buy out. The landlord say I need to pay the whole year rent to buy out the lease. I am not going to pay that, and I can’t afford that as well. The purpose of rent this apartment is for school. But all classes are remote now. What can I do? Can I use “frustration of purpose” as the reason to break my lease? This is a brand new lease, it have not start yet, and I am living in the apartment. What happen if I am not move in and not pay rent? Will my landlord sue me? I am a student and have no income. I only have financial aid, but it use to cover my tuition. Will that affect my credit? Will that affect my parent‘s credit because I am dependent? But my parent is not on the lease, because there was no need for co-sign. Appreciate your help! Thank you!
A:
We charge by the question here, so you get one answer. Just kidding. Do not move in, notify the LL that you are breaking the lease because of Covid problems and "Frustration of purpose" is a pretty good defense. He will have to sue you but he does not automatically get one year's rent from you, he has to show "mitigation of damages" in order to get them. He cannot sue for the entire rent until the end of the term. The question I have is: Why did you rent in May when we were in the high point of the pandemic? Schools went remote in March. If you intentionally entered into a lease in May gambling it would be over in August, you gambled with the LL about the property, and prevented him from renting it to someone else who may not have been a student. On one level, since you decided to gamble with the LL's livelihood, it would be proper to hold you accountable for the entire rent for the year, if he cannot re-rent it. How can you contend "Frustration of Purpose" when you sign up in May and all the schools are closed and doing remote learning. The Purpose in May was to enroll and have remote learning. You should consult with a Real Estate Attorney in your local area.
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