I only have 1 1/2 mths. left on my LEASE, Can I just LEAVE??

Question

My lease is up in a month and a half, and my building informed me that they decided not to renew my lease (we've had problems this past year and they hate me), so I found another apt. and I'm moving in this week. My question is, what would happen if I just left without paying this months rent. I know I would technically be evicted. They have $1,325 for my deposit, rent is $995 this month plus half months rent in August, and they would have to replace the carpet and a broken window. If I was evicted, I know I would not get any of my deposit back, but would they try to sue me if they needed more for the damages to the apt., or would they just take my deposit and be done with it. And, do evictions go on your credit, or when you try to get approved at a new apt. will that past eviction come up?

Answer 1

I would definitely get a judgment against you in small claims....and Judgments go on your credit report.....If you damaged the carpet beyond repair (that will cost more than $1,325 to replace).... and damaged the property....I would easily sue you for all of it including any rent due & applicable late fees.

Once the judgment is issued, I can then garnish your wages, I can take up to 35% of EACH paycheck until paid in full. It's easy and I've done it (w/out a lawyer)

It's tenants like you that make rentals such a nightmare....If I have a Perfect tenant, I only profit $93/mo, if nothing needs repair....It's not the gold mine you bad tenants think it is....One repair call and I lose money for months on end....

Answer 2

Never break a contract. Never.
If you just leave this is considered abandonment and they charge for the unpaid rent. not only that but unless you turn in a written notice and they dont know that you have left... they keep charging you rent. ie. you leave June 9th and they find out about it on 7/15/06... they will start your 30 day (or however many days they require in your state) notice from they day that they found the apt. vacant. then you wont be there for the move out. and you need to be. otherwise they have room to basically charge you for all damages with out question and you waived your right to fight them because you never signed the move out paper work. then if you still owe money after they take your deposit (which happens more often than not, especially if you are looking at a carpet replacement and a window) they will send it to collections and that amount will sit on your credit and no complexes rent to people with whats considered "property debt" you would have to pay it off before you search for any apts in the future. so yeah stay and do the responsible thing. Leases are not just a suggestion they are a legally binding contract.

Answer 3

You are liable for the rent for the entire term of the lease. The landlord does have to make a reasonable effort to re-let the property and if he does so then you're off the hook for the remainder of the term. Most jurisdictions will hold that 2 months is sufficient time to re-let a property and let the tenant off the hook after that but local economic conditions can vary that greatly. However, since repairs are needed, the 1.5 months remaining is almost certainly going to be on you.

If you move out early, there won't be an eviction as long as you turn the keys over to the landlord. If you don't hand over the keys, they can evict you though it would be pointless to do so. If you are evicted, it CAN show up on your credit report.

So, you owe about $1,495.00 in rent for the duration of the lease, plus the damage which you have already admitted to. For sake of argument, let's say that the carpet and broken window and any other repairs come to $1,505.00; this makes your debt to the landlord a nice round $3,000.00. After subtracting the $1,325.00 security deposit, that leaves $1,675.00 due to your landlord from you. To avoid any legal hassles and damage to your credit rating, pay up when he sends you the bill.

It's quite likely that he will bill you immediately for the rent due on July 1 and again on Aug 1. To avoid problems, you should pay that immediately. He can and probably will sue in small claims court if you don't pay up. Your security deposit is NOT advance rent and the landlord will NOT treat it as such.

There are two separate issues at work here -- the unpaid rent and the damage to the property. You need to take care of both of these quickly to avoid legal hassles and damage to your credit rating.

You landlord will most likely give you a less than complimentary reference if asked about your tenancy. This is perfectly legal. Your situation does not need to proceed to eviction or court action for him to do so!

With a bit of luck (and maybe work on your part) you'll be able to cultivate a better relationship with your new landlord and avoid any input from your current landlord in the future.

Answer 4

If you are served with an eviction notice, you can leave anytime without paying the remaining rent. but you'll be responsible for all excess damage money minus you cleaning deposit. Since they only say they will not renew the lease when it comes up, you will have to pay for the rest of the lease and they will take you to court if you don't pay. If you are put on a blacklist , you will have a hard time to get approve for a new apt. Unless you are moving out out the area, cooperate with the landlord. for your renters right, consult a lawyer or visit the city hall.

Answer 5

Hmmm...well the big question here is how much the damages you caused will cost to repair....why did you damage this stuff in the first place???
I did something similar the last time i rented...but i returned the apartment in the same shape i got it in....My lease was through september, i didnt pay rent on sept 1st, and by the 5th, i had a notice to pay rent or quit tacked to my door, plus the manager constantly bugging me....I simply left, and surrendered my deposit which was one month's rent.
Since i didnt do any damage, it was a wash, i did not want to have to wait for my deposit to be returned.
If your damage is more than about 200 bucks, you can expect to have them try to come after you for the cost.

Answer 6

I would say try to leave with grace and work things out with them. Their reference will affect you for the next couple of apartments you move into, and it could also affect your credit. Try to work it out and be up front and maybe they will be a little more understanding about any damage to the apartment and you can be square on your security deposit and rent.

Answer 7

since you have signed a lease contract. you can not breach that contract or else they will come after you and take your deposit and whatever else they will find to charge you with. so bear and grin it for just a little longer you will be find. hope this advise works.