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    norham1's Avatar
    norham1 Posts: 8, Reputation: 1
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    #1

    Aug 28, 2010, 09:50 AM
    Laid off and must leave the country (by law), can I break my lease
    I have been laid off by my employer 3 weeks into a new one year lease -- this was unexpected -- and by law, under the terms of my working visa, I must leave the USA within 10 days.

    There are no specific clauses in my lease that relate to the tenant having to leave the country being a reason for breaking the lease. I am currently trying to find someone to take over my lease (sub-lease and accept the $100 administrative charge specified in the lease) but realistically have little time to do this. Is the fact that I will no longer be legally allowed to reside in the USA a valid reason for breaking a lease? i.e. Federal immigration law should trump state property law right?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 28, 2010, 10:36 AM

    A lease is a contract - Federal law "trumping" State law has nothing to do with it. You are walking out on a contract.

    You agreed to pay certain costs and expenses if you broke the contract - that is your obligation under the law.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 28, 2010, 11:13 AM

    No, it does not "trump" since it does not say you can break your lease. So under civil law if you break your lease you may owe the penalty for breaking the lease.

    Now it will never hurt to give the landlord the order from immigration saying

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