Breaking our lease, will we be held liable?

Question

I am out of work, we had a family emergency (son became gravely ill and hospitalized for 3 months), and during that time we had to resign our lease. We signed just out of sheer pressure, since we had no way to move out. We had no idea if our son was going to live or not, and if he did he would need extended home care after he left the hospital. We were trying to keep our place, while staying out-of-town to be near our son. The rent was raised, and I lost my job, my husband is only getting part-time work. I can't work, I am caring for my son. We didn't pay this months rent, and we have been asked to vacate the premises or face eviction. Since they asked us to leave, will we be considered breaking our lease? will we be held responsible for the remaining 9 months of rent ?

Answer 1

You really have to take care of yourselves first. Let the landlord worry about problems with the lease. Most landlords would rather let you out of a lease then go through the legal expense and hassle of evicting you. And if he did evict the judge would nullify the lease anyway. It's also very difficult to collect rent for time you did not live there. He would have to take you to court for that as well. He can't force you to pay without a court order. Although you wont get your security deposit back.

Answer 2

In California where I am a landlord I am required to mitigate my damages when someone breaks a lease. That means I must make my best effort to re rent the property.

I cannot just automatically charge for the remaining months rent (in this case 9 months) on the lease.

I can only recover money to reimburse me for my costs, the unpaid rent plus the rent for the period of time the property was vacant plus repairs that are necessary beyond normal wear.

I cannot just automatically claim the remaining rent on the lease.

I recommend that you talk to your landlord and explain to him what you told us here. If he is halfway decent he will try to help.

If he is not halfway decent and tries to collect the remaining 9 months rent on the lease then I would call an attorney who specializes in real estate law and have your attorney send a letter to your landlord that outlines your landlord's rights and responsibilities in the state where you live.

Answer 3

Legally, it is entirely possible for them to hold you liable for the duration of your lease term, or until the unit is satisfactorily re-rented. Have you spoken with your landlord/management about your situation? Even the most Scrooge like landlords would tend to have a modicum of understanding and sympathy, given the dire situation in which you find yourselves.

I recommend speaking with them at your earliest opportunity.

Answer 4

I have broken a lease, but the only downfall is I did not receive my deposit. I think you will be able to get out of it, if not by speaking with them then by taking them to small claims court. Either way I am very sorry about your situation and I will keep you in my thoughts and prayers.

Answer 5

A hire is a legally binding settlement. you could't in simple terms circulate void it like infants do "redos" in a exterior game in simple terms as a results of fact somebody does not like a definite result. climate he's murdered 1000 people or he's the nicest guy when you consider that Joel Osteen he, you and all the others are nevertheless absolute to the hire till it incredibly is end. climate you pick him to stay with you is yet another remember. you could communicate with your community police to work out what suggestions or information they'd supply on your section. needless to say you're able to do some thing as a results of fact the guy isn't risk-free to stay with. in case you will have checked him out nicely adequate you in all probability would have prevented all of this yet i'm going to anticipate you're a toddler and did not understand extra effective-evaluate this a lesson in existence that would serve you extra effective later on (if there is something constructive that would come out of this). interior the intervening time proceed to pay your factor of the hire alongside with the different roommates. If this undesirable roommate does not pay his factor contained in direction of the remainder of the hire the owner can take you all to courtroom to get well the unpaid quantity plus previous due costs and the rest allowed on your state. needless to say this would contain you and would propose you will could take this roommate to courtroom to if the money is demanded from you-some thing for the courts to hash out. in simple terms component of the numerous downsides to renting with roommates and all being on the hire mutually. difficult lesson in existence extremely.

Answer 6

Mike is correct in his assessment. I would like to point out one thing a owner/landlord/apartment manager is required to give you a 3 day to pay or quit. in writing. a verbal will not hold up in court. However you will need to see an attorney for your circumstances