What happens when leases are broken?

Question

My friend and her child whom is physically disabled leased an apartment, both names are on the lease and she just passed away last month and now he can not afford to pay the rent. he is now looking for another apartment. What will happen if he broke the lease and as far as his security deposit. Will he be liable to pay for the rest of the contract.

Answer 1

If he can't afford to pay the rent, he will most likely be evicted. My suggestion is for him to contact the local welfare and start getting help NOW.

Answer 2

Leases are typically binding contracts and, if broken, the lessee can be held liable for the 'damages' resulting from early termination. Normally there is a clause in the lease that addresses this. At a minimum, the security deposit is forfeit.

If this person can find someone elst to lease the apartment, the landlord may not mind. In the end it is a matter of money: the landlord doesn't want to deal with cleaning and locating another tenant, which costs $$.

Answer 3

In general three things may happen,
1. The landlord may "accept surrender", i.e. release the leasee with no obligations.
2. The landlord may re-let the property, and then the lesee may still be responsible for the difference in rent and advertising costs.
3. Depending on your state the landlord may wait until the end of the lease and sue the lesee for the full amount owned. Most states do no not allow this, and expect the landlord to make a reasonable effort to re-let.

Unless your landlord likes you a LOT an lets you off the hook, option 2 is what will probably happen.

Also the lesee can try to find a sub-letter to take over the lease.

Answer 4

He should read the lease. It should say what happens if it's broken. Most places will ask for a 30-60 day advance notice (and will charge the rent even if you do not live in the place during that period). Some places will ask for an extra month's rent. But this varies. Read the lease and see what it says.
Even if the lease does state exactly what happens when it's broken. sometimes you can talk to the landlord and explain what's happening. Especially if he wants to move away because of his mother's death. You can sometimes reach a reasonable agreement with the landlord.

Answer 5

I'm not a lawyer, but if his name is on the contract as a responsible party for the lease (not just a tenant) then he'll be liable for the rest of the contract. (I'm assuming he's over 18, too). The landlord will have the right to keep the security deposit if he breaks the lease.

Answer 6

Depends on what is stated in the lease. Usually they allow for a 30 or 60 day notice to terminate the lease without any penalty. If they require the full terms of the lease (until it expires) then ask if you can find someone to take over the unit if that would be OK...

Answer 7

It depends on what the landlord decides. He'll probably lose the security deposit, and he may be forced to "buy out" the rest of the contract. It really depends on what the stipulations of the lease were when it was signed.

But keep in mind I'm not a lawyer...

Answer 8

Usually, you lose the security deposit (because it goes toward paying the remainder of the balance due.) Have your friend talk to the landlord to see if they can work something out. Sometimes, they'll let you out of the lease if they can re-rent the apartment.

Answer 9

Read the lease. There will be provisions in there for breaking the lease under various circumstances.

Answer 10

I just broke a lease and they put me in collections for triple the amount of what they said it would cost to buy out of it.