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    arabianangel1's Avatar
    arabianangel1 Posts: 3, Reputation: 1
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    #1

    Nov 27, 2008, 05:35 AM
    breaking apartment lease due to immediate family emergency
    Hello. I am a married person, living in Ohio, and am leasing an apartment for a year. We have been in the apartment for four months and need to leave to California IMMEDIATELY. My sister has been diagnosed with cancer and needs me there to support her emotionally, as well as physically (with blood transfusions, bone marrow transplants, etc). Our landlord said that we can get out of the lease by paying for three months rent and giving up our deposit (sums to $4,000.00 that we don't really have). Can we be sued if we are out of state? Would they go after us? We are renting from a corporation, not an individual. Would they go after our bank accounts? Are the chances likely for them to pursue us if we just bail? What would happen if we tell them that we are going out of the country for my sister's treatments? Would that help them negotiate better or not matter all? Since we are new to the state of Ohio, we know nothing about the laws and can't afford to seek legal advice. What can we tell the management that will help them realize that we need to leave regardless of the money they are asking. We can afford one months rent and losing the deposit, but four months is out of the budget completely. We are desperate for answers and need a very cheap way out. What would they do if we stop payments completely and would an eviction be the best answer?



    Please help! We don't know what to do anymore and need to find a way out as soon as possible, for my sister's sake =(
    me22469's Avatar
    me22469 Posts: 12, Reputation: 2
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    #2

    Nov 27, 2008, 05:52 AM

    If you have already explained your situation and the landlord is giving you this as an option, that is the best you are going to get. If you just bail, they can take it to court. Of course you will not be there to defend yourself, so the judge will most likely have your wages garnished. In some states, like in Missouri, the judge can also grant them three times the amount origionally owed as a penalty for causing all the trouble. I can't remember the legal term. I guess is is some form of restitution. Hope this helpes.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Nov 27, 2008, 06:56 AM
    Hello a:

    It would help a LOT if you knew the law... But, I guess that's why you're here.

    Yes, you are obligated to pay your lease - ALL of it... But, the landlord is obligated to MITIGATE your damages... That mean he must try to re rent your apartment as soon as he can so you won't be paying while he sits.

    Seems to me three months is an awful long time to re rent. It gives his a lot of sitting time...

    So, if it were me, I'd offer them your deposit and a months rent. IF they don't take it, tell them that if they don't re rent it sooner, that you'll be suing THEM.

    excon

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