If another tenant takes the apartment after I break my lease and the last 2 months they will collect rent?

Question

My lease expires Feb. 1st 2007, and I'm leaving in middle of Nov. '06 and its possible the landlords will rent it out as of Dec. 1st. If they do then am I still liable for the last 2 months rent under Ohio Law or can I just not pay anything as they're not going to lose any money by having another tenant in place? I know I signed a lease for the 12 month period; but how can they make me pay when someone has come along and occupied for the months I was leasving open? They showed my apt. today (middle of Oct.), and I'll be paying for the month of November also in full even though I'm moving into a house around the 11th. Doesnt sound legal to me to be profiting twice on the same apt.? I know I'll lose my deposit but thats only $260 as opposed to the $1078 I will still owe for Dec & Jan. Thoughts/Suggestions please!
Thanks!

Answer 1

I'm not familiar with ohio law, but what I can do is offer you some basic principles and strategies which you can check into that can give you some guidance.

First off let him sue you for the balance. Don't offer it. Chances are he won't bother because the extra two months $1078 won't be worth it to him because you can drive him crazy in court (small claims or landlord tenant court).

Secondly, as a general rule Ohio (and many states) require landlords to do what is called "covering" on residential leases.
"covering" means that the landlord cannot generally just sit back and collect rent from you without covering his damages (minimizing them) by re-renting or attempting to re-rent the apartment.

If he has in fact gotten someone else to rent the apartment for equal or greater amount you will not be responsible for the rent. If he has not gotten anyone (after using reasonable efforts to re-rent the place) or has gotten someone but at a lower rent, then you will be responsible for either (a) the full rent if he couldn't re-rent it after reasonable efforts or (b) the difference between the rent you were paying and the new cheaper rental amount.

Realistically it wouldn't be worth his time to pursue you for the whole amount, or even the amount if he re-rented it for less.

If he were to re-rent it immediately you might not even lose your security deposit as some states won't allow him to just keep the deposit as damages if he didn't suffer any damages or there was no damage to the apartment.

If I were you I would just pay November up to the date you move out and let him sue you for the rest. Drive him crazy wasting his time and the worst he could do is get a judgement against you. He will have to spend money to find you and even if he does come after you you can always settle.

If you want more info I suggest talking to an ohio attorney for an hour or checking out ohio law and case law yourself.

Answer 2

Hi, I am a landlord in the Baltimore area. I hope that you are charging him a late fee. Now you have to remeber that a tenat has rights also, and it isn't that easy to evict someone. Also, it is really going to be a headache and cost alot of money if you go to court because of the court fees and lawyer cost. Landlords cannot forcibly remove their tenants. In order to evict, a landlord must first bring an "unlawful Detainer" action against the tenant. This is a legal proceeding conducted before a district court. To bring such an action, however, the landlord must show cause (have a legitimate reason). According to state law, legitimate reasons can be nonpayment of rent, or other breach of the lease, or cases where the tenant has refused to leave after notice to vacate has been properly served and the tenancy's last day has passed good luck

Answer 3

If the landlord rerents the apartment, you are not responsible to pay rent for the remainder of your lease.

In order to recover money from you after you break the lease, the landlord has a duty to mitigate his damages. That means he must try to rerent the apartment (which he is doing). You are responsible for his unmitigated damages. This would include his cost to advertise the available unit, any lost rent, and any physical damage to the property other than normal wear and tear.

Often landlords don't try so hard to mitigate their damages. If they have two apartments for rent, there is generally no requirement that they rent yours first. It's a good idea for you to help the landlord find a replacement tenant. You can place ads yourself (directing the calls to the landlord). Or, if you find a tenant, you can walk them through the application process.

There is probably nothing you can do about the $260, but before paying any more, talk to a tenant's rights attorney in your area about this situation.

Answer 4

Hi, I'm in California and I just did the same thing you did, I left a house I signed for a 12 month lease in August, and I still have it under my name until Feb. 07, because I signed a one year contract. I did find someone to sublet it though, and I don't have to pay since he is subletting and making the full payment. All the owners care about is that they are getting the full monthly payment. However, if something were to happen to the house while it is still under My contract, even though the new tenant did it, I would be held responsible since a contract is a contract. I don't think it sounds right that you have to pay as well if someone else is paying the rent already. If they are really being a holes about it, contact a lawyer or something because that doesn't sound right.

Answer 5

The landlord has to give effort to find a new tenant. If he does, you will be off the hook for rent after the start date for the new tenant, IF they pay the same amount or more than you were supposed to.

If the new tenant is paying less than you were to, then you are responsible for paying the difference between your rent amount and the new amount.

In other words, your lease guarantees the landlord will get $ through February 1. He will get it from you and/or the new tenant, but not from you for more than the original lease.

LL can "rent" the same place twice at the same time.

Answer 6

If the landlord rerents the apartment, you will not owe for the period they were able to rent it again.

If you pay the November rent and they have a tenant for December 1st, you won't owe anything. Don't let them try and convince you that you do. Some unscrupulous landlords will try and tell you that you do.

Answer 7

Nobody seems to know what the real law is. Yes you signed a contract and you have to pay for all rent until the end of the contract UNLESS the management fills that apartment. By law they cannot collect double rent on an apartment. If you pay for all of the contract, (which you should first) and then they move someone in, they MUST BY LAW, refund you the prorated amount for the time the new tenet has moved in and started paying rent.

Answer 8

Each state may be different but in utah, if you break your lease you are required to pay up until the date that the new tenant's lease begins or until your lease runs out which ever is sooner. You may also end up paying for commission for the landlord to find that new tenant. It should spell out all of the IF, and's or but's in your lease agreement.

Answer 9

If someone moves in you are relieved of your liability and you DO NOT owe for those months.

It is the landlords responsibility to do his best to get someone in there to minimize your losses. Send your november payment like you planned, and then in December, If you know that he has gotten a tenant in there, send him a letter INSTEAD of a payments stating, "I am aware my apartment has now been rented and I am allieved of all financial responsibility for the remainder of my lease."....and keep a copy for yourself.

If that person moves in on the 5th, you would have to pro-rate for 5 days.

Answer 10

A lease is a binding legal agreement. You signed, you agreed, you are responsible whether they rent it out to someone or not. You cannot assume they will rent it out right away either. You will automatically lose your deposit and in the end it's up to them as to whether or not they want to persue legal action against you. In the end, you could lose a whole lot more in court. This could also affect your credit rating and prevent you from being able to lease again in the future. Talk to em they may be willing to waive the rent if you give up the full deposit and "if" they have it rented out by the time you leave.