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i moved out of a rental house before my lease was up i advertised the house on a web site listing for 30 days. i put in the all the info for the house and how to get in contact with the landlord if they wanted to rent, the website had 89 people that wanted to rent the house . he still has not yet rented the house. can i still be held liable for the lease eventhough he has decided not to choose a renter at this time.

2006-10-15 11:03:10 · 9 answers · asked by the_law_man81 4 in Business & Finance Renting & Real Estate

9 answers

It would be nice if the house was rented, but, you signed a lease, so you are responsible. Not only that, but, if another person moves, in, it can be written as a sublease, and if that person defaults before the end of your original lease, you are still responsible. Sorry. There are usually reasons written into a lease to allow the end of a lease, like a transfer to another city.

2006-10-15 11:15:15 · answer #1 · answered by Fred C 7 · 0 0

Since you signed the lease and was in possession of the rental house (you had the keys) the landlord has the right to enforce the lease to a reasonable extent.

If you moved out because of some extinuating circumstance (bugs, faulty wiring, safety), your landlord cannot hold you liable.

If you moved just because you wanted to without ample prior notice that you were breaking the lease your landlord has the right to mitigate his damages. That means if you signed a 24 month lease but you moved out in month 6 you are not liable for the remainding 18 months, but your landloard can charge you his expenses of renting the place out. (ie, ads on craigs list, tenant credit checks, months of rent for when he doesnt have a tenant). He has to actively pursue tenants. He cannot sit back for months and just charge you.

Basically you wont have to pay the entire lease. But you can be charged reasonable expenses that the landlord could incur as a result of you breaking the lease.

Good luck =)

2006-10-15 11:13:21 · answer #2 · answered by vanity planning 2 · 0 0

Whether you are still liable depends on the law in your location. In most states in the US the landlord is required to mitigate their damages. That means that they must look for a new tenant. You are responsible for the rent until the earlier of: (1) the new tenant moves in; or (2) the end of your lease term.

That is the case in most states. However in at least one state (Florida) the landlord is not required to mitigate damages. They have the option of sitting back and leaving the unit empty until the lease term ends and holding you responsible for all of the payments.

If you are in a state that requires the landlord to mitigate damages then the landlord will probably find it difficult to prove to a judge that there wasn't a single acceptable tenant among the 89 prospects you provided.

2006-10-15 11:18:56 · answer #3 · answered by Anonymous · 0 0

Legally, No! If you gave the landlord proper notice of 30 days, AND you provided other options for new renters he can not hold you responsible.
I've gone through this situation before and was actually sued in court by a landlord.
The judge said the only thing that saved me from being responsible for the remainder of the lease was because I gave proper 30 days notice and gave him several other options for new renters.
You are not liable if he chooses not to rent the place to someone. He is mainly doing that so that he claim you are responsible for him losing income on the place.
You can call your local housing authority office or renters association. they can help you further. :)

2006-10-15 11:08:26 · answer #4 · answered by brown eyes 3 · 0 1

yes, the lease is enforceable. The landlord has to approve prospective renters. until it is rented he can hold you responsible.
BUT, the landlord has to advertise to rental unit and make reasonable effort to rent the place. If he don't you can fight him in court. Depending on the cash value of the remaining lease that could be done in small claims Court. Keep all evidence that you tried to find renters, you 30 day notice, etc

2006-10-15 11:11:31 · answer #5 · answered by barbara w 2 · 2 0

Worse case scenario, I believe if he/she chooses to take it to the next level (court) you may have a win win situation because you saught another renter for him and they chose not to pursue. But catch a judge on a bad day you may be liable for the remainder of the lease at worst.

2006-10-15 11:51:36 · answer #6 · answered by Anonymous · 0 0

Yes, your lease obligates YOU to pay for the lease until it has expired or you come to an agreement w/ the landlord(s) to otherwise dispel the lease. Advertising it does not remove your lease obligations. The landlord does not have to accept one of the 89 people interested if they do not meet his/her criteria for a tenant.

2006-10-15 11:06:55 · answer #7 · answered by JuJu 2 · 2 0

Check in the lease you signed for what the terms are for early termination of that lease. If you followed them terms, you are not liable for the reminder of the lease.

2006-10-15 11:16:38 · answer #8 · answered by Daddy Big Dawg 5 · 0 0

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2016-10-19 11:08:32 · answer #9 · answered by ? 4 · 0 0

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