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New Member
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Oct 3, 2006, 09:03 AM
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Breaking a lease
My husband and I lived in Louisiana and had a 1 year lease and he was transferred to Mississippi and I also found a job there. We have only paid 4 months of rent. The lease does not allow sub-letting. The landlord has done nothing to try to rent the place. We have been out about two weeks and we gave a 30 day notice. We have been calling for two weeks every day and he will not return our calls. What are our options?
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Uber Member
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Oct 3, 2006, 09:13 AM
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You really have none at this point. You can only hope that he does not bill you for the balance of the lease and report it to the credit bureau and/or sue you for it.
... sorry to be the bearer of not so wonderful news.
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Computer Expert and Renaissance Man
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Oct 3, 2006, 09:55 AM
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You need to document what the landlord has done in terms or re-renting. If you can prove he hasn't made a reasonable effort (though that may be difficult), then you are off the hook.
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Senior Member
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Oct 3, 2006, 10:21 AM
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I disagree - many states don't require landlords to "mitigate" or lessen the damages/rent you owe for the balance of your lease.
You should do nothing unless the landlord serves you court paperwork suing you for the remainder of your rent.
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Uber Member
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Oct 3, 2006, 10:31 AM
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In my state a Landlord is not required to prove anything about his efforts to re-rent the apartment. Of course we do try, though, as it just makes sense.
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Computer Expert and Renaissance Man
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Oct 3, 2006, 11:57 AM
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Let me modify my answer slightly. If you can prove the landloard hasn't made a good faith effort to re rent the unit then you MAY be off the hook.
I agree that you should stop paying the rental and do nothing but research unless you are sued. But if you are sued, then your only defense would be that the landlord didn't act in good faith. It might not carry weight in the jurisdiction, but its your only chance since you did break the lease.
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