let out a lease?

I need to break my lease and my landlord is not returning phonecalls from other interested parties in the apartment. I have lived there for only 3 months and the place is pretty much in the same way I left it. I have given my 30 day notice and he is no longer returning calls. If he takes me to small claims court I understand I show the judge the different people I had to take over the apartment BUT what if I still lose? I understand it can go on my credit but will I have to pay back ALL of the future rent? I have NO MONEY since I am a single mom. The landlord is simply not working with me.

Two issues here:

1) You didn't list your state. Certain states have laws that say the LL has no obligation to try and re-rent the unit for the length of the lease. You are on the hook for the entire amount in those states. He can let it sit empty and continue to collect from you. Hopefully you aren't in one of those states. Please list your state.

2 A) Just because people call him about the unit doesn't, mean he has to show it now. Technically you have not yet terminated the lease. This doesn't happen until you move out, breaking the lease. So he doesn't have to show it and try to re-rent, even if he is obligated to do so, until AFTER you vacate. If he is obligated to re-rent and fails to take steps to advertise or show the unit once you are gone, then he would be in violation of the state law and would be showing bad faith.

B) Just because you had people who were willing to take over the unit does not mean they were qualified to do so. You don't know all of those people's incomes, rental histories, criminal and civil court backgrounds, credit scores, etc. You have not screened them so you can't say for sure that they were qualified, and that they were acceptable applicants. If those people all failed to meet the criteria for acceptable tenants, you could send hundreds to him and he still would be correct to deny them. The next tenant must meet his eligibility criteria. (Although they can vary: These usually include 3.5 x the rent in income, no criminal history, good credit history and scores, good rental references and history, no evictions or lawsuits against LLs, sufficient time on current job, etc.)

[sandyclaus]

Originally Posted by Unregistered I need to break my lease and my landlord is not returning phonecalls from other interested parties in the apartment. I have lived there for only 3 months and the place is pretty much in the same way I left it. I have given my 30 day notice and he is no longer returning calls. If he takes me to small claims court I understand I show the judge the different people I had to take over the apartment BUT what if I still lose? I understand it can go on my credit but will I have to pay back ALL of the future rent? I have NO MONEY since I am a single mom. The landlord is simply not working with me.

What state do you live in?

In general, if you break your lease, you can be held liable for the balance of the lease term or until the unit is re-rented, whichever comes first. The LL must take reasonable steps to find a replacement tenant in order to mitigate your damages. However, there are a few jurisdictions in which LL's do not have to find new tenants or mitigate their damages in any way, and can hold you liable for the full remaining balance.

Bottom line is that he cannot collect twice for the rent - if & when a replacement tenant moves in, your obligation ends. Be sure to keep a record of all the names and contact info for each & every potential replacement you found. Once you do move, monitor the unit so that you know when and if it was re-rented.

Originally Posted by sandyclaus What state do you live in? In general, if you break your lease, you can be held liable for the balance of the lease term or until the unit is re-rented, whichever comes first. The LL must take reasonable steps to find a replacement tenant in order to mitigate your damages. However, there are a few jurisdictions in which LL's do not have to find new tenants or mitigate their damages in any way, and can hold you liable for the full remaining balance. Bottom line is that he cannot collect twice for the rent - if & when a replacement tenant moves in, your obligation ends. Be sure to keep a record of all the names and contact info for each & every potential replacement you found. Once you do move, monitor the unit so that you know when and if it was re-rented.

Two things. 12 states have laws that say the LL has no obligation to re-rent, 6 others have laws that are unclear on this. So this isn't just in a few jurisdictions. 25% of all states have this law.

And just because a new tenant takes the place doesn't mean you are completely off the hook for your obligation. If, in this economy, the LL is forced to take less money for the unit that what you were paying, you are still responsible for the difference in the rent for the rest of your lease. That lease guaranteed the LL a certain amount of rent per month through the ending date. If he can't get that much from the next tenant, you pay the difference. He can collect the rent from the new tenant AND the difference in rent from you.