[cheriedrumm]

I signed a one year lease this past July. I have to move to new orleans to help my sick mother. What can the apartment complex to do me if I move out next week. I don't have any money to pay out the remainder of the lease. I don't have any assets. Will I go to jail for this.

[LisaB4657]

No, you won't go to jail for this.

You are responsible for the rent until the landlord re-rents the apartment or until the end of your lease term, whichever is earlier. If your lease allows you can try to sublet. Or you can find a new tenant who will sign a new lease for your apartment. Maybe you can talk to the landlord and work out a buy-out where the landlord lets you out of the lease in return for a payment, such as a month or two of rent.

If you can't work out something with the landlord then the landlord has to try and re-rent the apartment. Once they do they can sue you for the rent between the time you left and the time the new tenant moved in. If they win the lawsuit then they will have a judgment against you. Then they can attach your bank account or garnish your wages until the judgment is paid. It will go on your credit report.

Talk to your landlord and try to work something out with them.

[cheriedrumm]

I previously asked what would happen if I broke my year lease early with an apartment complex. I am moving back to new orleans to help my sick mom. I owe for this month. I will be moving next week and will owe apartment for 20 days back rent. I will pay it in payments until paid. I have to use my rent money to travel to new orleans and move my belongings. I haven't told my landlord yet. They asked me to pay my November rent by 11/15 or they will begin eviction. How long does eviction take. I plan to move 11/21. I will let them know by 11/15 that I can't pay until I get to new orleans and get a job and will pay the 20 days I owe them. However, I can't afford to pay out the rest of term of lease. If they sue me and I don't have assets, I know you advised that a judgment will be made against me and my credit will be affected. You also advised that my wages can be garnished. I didn't think that South Carolina law you can garnish wages. Also, what happens if I don't get a job because I have to assist my mom. My mom may help me pay what is in arrears (20 days) but she won't pay out rest of term of lease. I have always paid my rent before it was due until this month. I have to save my money for travel to new orleans.

[ScottGem]

I've merged your two threads. Please don't start a new thread with a follow-up question. Use the Answer This Question options instead.

It is unlikely that an eviction can be processed in 5 days, but it would be to your advantage to let yourself be evicted. Did they give you notice in writing that you need to pay by 11/15 or vacate? Or did they just tell you to pay or they will start eviction?

Its actually to your advantage in this case, for them to evict you. Because then THEY would be terminating your lease and you wouldn't be responsible for the rest of it. It would mean an eviction was on your record, but I gather you will be living with your mother for a while so that wouldn't have an immediate affect. When you do rent again you can say that you were forced to leave to care for your mother.