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    shaktimaan's Avatar
    shaktimaan Posts: 2, Reputation: 1
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    #1

    Sep 13, 2014, 03:57 PM
    Breaking lease
    I am new to US and need help.
    Is it fine to leave the rental house before the rental period expires even if I have given one month notice. I am not okay with landlord keeping one month security but don't seem to have an option.

    Here is my situation:
    I rented an apartment for 6 months lease, ending January 2015. I signed the lease before getting my first pay. When I got my first pay it was 400-500 $ short of what I expected because of some taxes I was not aware of. I am new to US and working here for the first time. I researched the internet to find what my taxes should be, but the real taxes turned out to be different. I know it's not my landlord's fault that this happened. As a foreigner I had no place to stay and I had to rent before getting my first salary with the savings I had brought from my home country. As soon as I became aware of my financial situation, I verbally requested my landlord that I will be vacating my place after a month. He has accepted to place advertisement for the place again and wants me to continue paying the rent until someone else rents it. I have too pitched in and placed the ad on a couple of popular rental websites and also where I work, of course with the landlord's permission. Now, I have found a place that I can afford and want to leave after a month.

    1. Is a month's notice not enough to move out. He says I am bound by law to pay till the lease expires or he finds somebody else. Am I legally bound to continue paying even if I don't live there?

    2. Provided that I leave on time next month, do I need to pay next months rent now, though he has my security?

    3. Does my right on full/part of security change whether he finds someone or not?
    Please reply.

    4. Can he sue me if I leave and he has the rent for the duration I stayed + security?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Sep 13, 2014, 04:11 PM
    1. Is a month's notice not enough to move out. He says I am bound by law to pay till the lease expires or he finds somebody else. Am I legally bound to continue paying even if I don't live there?
    Your landlord is quite correct. You signed the lease and are bound by it.

    2. Provided that I leave on time next month, do I need to pay next months rent now, though he has my security?
    If he hasn't waived payment, you must pay as required by the lease.

    3. Does my right on full/part of security change whether he finds someone or not?
    When he finds someone else to rent the premises, your obligation may be reduced. If so, it is possible that you may get part of your security back, but not likely. Your questions suggest that you are mainly concerned with your security deposit; but please understand: you are responsible for rental payments through January (assuming the landlord fails to find another tenant), not just the deposit.

    4. Can he sue me if I leave and he has the rent for the duration I stayed + security?
    Certainly. You owe him for all lease payments through the ending date of the lease, unless he can find another tenant. And of course he can sue you for this.
    shaktimaan's Avatar
    shaktimaan Posts: 2, Reputation: 1
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    #3

    Sep 13, 2014, 06:15 PM
    Thank you very much.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 13, 2014, 06:18 PM
    Yes, you will owe the entire rental to the landlord, even if you leave.

    The lease is a legal contract and you can not merely leave early.

    If you talk to landlord he may allow you to get out.

    Yes he can sue you.

    If he finds someone else to rent, then you can get out.

    ** I am concerned over 500 extra in taxes. Have you sat down with human resourse to be sure, taxes are being done proper. I would assume you are in a higher income bracket.

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