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You are here: Experts > Real Estate > Apartment Living/Rental > Real Estate Law (esp. Landlord-Tenant) > no buyout lease
Expert: Jonathan Dever, Esq
Date: 5/12/2008
Subject: no buyout lease
Question
QUESTION: Hi, we have been renting this apartment for 8 months and we have to get out of
it do to are job situation, its a no buyout lease and I have no Idea how to get out
of it. subleasing is also out of the question because we are moving out of state
do to a Job. thank you.
ANSWER: Send a written notice of intent to terminate the lease to the landlord citing the reason for the need to move. The landlord has an obligation to find a new tenant but you ultimately might be responsible for some additional periods unless your landlord lets you out of the lease.
---------- FOLLOW-UP ----------
QUESTION: Hi again, if the landlord say's no we are not able to break the lease though she
has a full moths rent as a security deposit and we are able to pay next 2 months
rent, but we can not pay the last 3 moths rent what would be the best solution.
thank you.
Answer
She has a duty to mitigate. Upon written notice, a landlord must make efforts to relet. A landlord cannot simply sit by and collect on the remainder of the term without any effort to relet. Typically, Judge's will find this behavior inappropriate.
But here is what I would do. Tell the landlord you are leaving on a date certain. Tell her she has 2 choices. 1. file an eviction after you stop paying rent which will cost her the lease balance, court costs, lost time, and lost rental income from having another tenant in the unit. or 2. accept 2 months rent as consideration for letting you out now.
A smart landlord will accept the later alternative and start finding another tenant. You can also help. If you find a qualified tenant and she denies the request, she will have an impossible time proving to a judge why she should be entitled to anything.
Good luck.
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