 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
Hi Sharonkathleen... If you signed a one year lease then the owner has the right to demand the lease agreement be fulfilled as agreed. However, that being said, one option the owner must consider is finding a suitable replacement tenant to take your place. Both you and the owner must make a "good faith" effort to do this... called mitigating damages (lessens tenant liability). Here, you would incur the cost for advertising or other costs associated with renting the unit and also the months the unit went unrented. The owner cannot simply let the unit sit unoccupied for the remainder of the lease and just collect rent from you. Anyway, that's my take on a lease, but wait for others with law experience to pop in and advise, OK? Someone will pop in soon enough... Mark |
||||
|
||||
|
Popping in now, Mark. :)
The general rule is that if you break a lease you are responsible for paying the rent until the lease term ends or until the landlord gets a new tenant, whichever comes first. In most states the landlord is required to make a good faith effort to find a new tenant. However not all states require that the landlord make an effort to find a new tenant. The most notable state that does not require the landlord to find a new tenant is Florida. So tell us where you are and we'll look it up for you. |
||||
|
||||
|
Agreed, there is no requirement for him to settle with you, you are bound by the lease. As agreed to above, many states require him to look for a new tenant, but he also will be allowed time to clean and get it ready. And if this is a large apartment complex, it may take some months to find a new renter. ** plus if you are moved off, how exactly will you know what he is doing |
||||
|
||||
|
One point here is that most areas don't allow double dipping. Meaning he can't collect rent from you when he has another renter. However, if you pay a lump sum penalty that's not rent. So, if he insists on the balance of the lease, you just continue to pay monthly. If he doesn't make a good faith effort to find another tenant you may be able to recover what you pay. ANY question on law NEEDS to include your general locale as laws vary. Basically a tenant has three options for getting out of a lease early; 1) Negotiate a buyout 2) sublet (if the lease allows) 3) find a replacement tenant. |
||||
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
The landlord was turned in and we have to move out 6 months after moving in. (Paid real estate fee, security and moving fees and will have to pay them all over again. Can I get reimbursed by real estate for anything?
Hi All, We live in Canada and had a horrible expeirence with a rental condo in Palm Springs, CA over the last Christmas/New Years. The owner of the rental property will not return our $200.00 security deposit. They are saying the we left our dog droppings on the front lawn and they had to...
I rented a condo from a private owner in 2008. I never transferred over the electricity bill the entire year I lived there and never heard from the owner either. I didn't realize I was supposed to, but looking back at the old lease it states I should have transferred it into my name. I lived...
Is it legal for the apartment management to remove personal property from an apartment because rent payment is late in the state of Texas?
My inlaws need to move in to my house and they think that they can use their attorney to draw up a form of a lease of their own rules. What they are thinking, I really done know. Who does this and is it legal for I am the homeowner.
View more questions Search
|
