First this comment is not legal advice for the state in which the
rental is located, One should always check with a local lawyer before
taking any action, that said there seems to be a couple of issues to
work out.
1st the year lease, the deposit is probably lost, but the real
question can the landlord hold them to the year lease, if they breach
the contract, and its maybe, but there is something in law called Duty
to Mitigate Damages, which requires the nonbreaching party to take
reasonable steps after notice of breach to stop the losses. In this
case you should notify the landlord as soon as possible in order to
put the landlord on notice to mitigate his/hers damages. though laws
differ from state to state so one should always seek local attorney
before acting.
2nd be prepared for the landlord to take you to court for the lease if
you breach, IE take pictures of the area, ask the local police dept
what kind of area is the house located in. what did the landlord tell
them about the area, While not legal excuses to break a rental lease,
local judges do not always follow the black letter of the law, who
know's you might get a judge who is favorable to your side.
3rd do you have evidence of criminal activity next to the house ot just suspect it?
4th you daughter signed a contact, no one forced her to sign, and now
she wants to breach the contract, thus the nonbreaching party has a
right to some kind of remedy, does this mean the whole years rent, I
do not know, up to court, but lesson learned about signing contracts.
note: in some states if the landlord does not have a CO for the
rental, then they can not charge rent, so maybe worth calling the
local county clerk to see if the place has a CO as well as a local
attorney.
All said do not take these comments as legal advice for the state in
which the rental located, sinces laws differ from state to state, thus
depending on the amount of money for the year lease, a couple
hundered spent on talking to a local lawyer might be well spent in
order to avoid future liablities |