leaving early

If I have a 4 months left on my lease and want to terminate it and leave early does that mean I will have to pay the LL for those four months. Or do they have to try and rent it to another party before they can charge me. And if they choose to do work on the place instead of trying to rent it out for a couple months, how does that factor into it. I am sure if they list it, it will rent quickly, but I also fear they will just choose to sit on it and do repairs for a couple months and try to make me pay for that time doing repairs. Also, the LL wants me to pay and have fresh bark chips put out around the bushes in the yard. The lease says I need to maintain the landscaping, but is that considered part of landscaping. I think the LL should be responsible for that, since bark chips have to be replaced once a year anyway, and I do not think it would be considered routine landscaping. Last year I did this, I paid $150 to replace the bark around the place and I decided I was not going to do that again, since I was not reimbursed for that money.

[sandyclaus]

Originally Posted by Unregistered If I have a 4 months left on my lease and want to terminate it and leave early does that mean I will have to pay the LL for those four months. Or do they have to try and rent it to another party before they can charge me. And if they choose to do work on the place instead of trying to rent it out for a couple months, how does that factor into it. I am sure if they list it, it will rent quickly, but I also fear they will just choose to sit on it and do repairs for a couple months and try to make me pay for that time doing repairs.

The general rule is that if you break your lease, you remain responsible for the rent for the remaining lease term OR until LL re-rents the unit, whichever occurs first. Most jurisdictions require LLs to mitigate their damages by making a reasonable effort to find new tenants instead of sitting on the property for the remaining lease term just to force you to pay for it.

Also, the LL wants me to pay and have fresh bark chips put out around the bushes in the yard. The lease says I need to maintain the landscaping, but is that considered part of landscaping. I think the LL should be responsible for that, since bark chips have to be replaced once a year anyway, and I do not think it would be considered routine landscaping. Last year I did this, I paid $150 to replace the bark around the place and I decided I was not going to do that again, since I was not reimbursed for that money.

Landscaping is usually considered anything from lawn care and maintenance to decorative items in and around the property. Unfortunately, replacing that bark falls under this category. If you don't pay for it now, you'll end up paying for it with a deduction to your security deposit. LL can deduct anything that is required to restore the rental unit to the same condition in which you originally took possession of it. If there was fresh, new bark out there then, you'll have to replace it or pay for it out of your SD.

Whether or not the LL has an obligation to re-rent depends on your state or provincial law. 12 U.S. states have laws that clearly state the LL does not have to re-rent the unit. In those states, you are responsible for the rest of the rent through the end of the lease. He does not have to put the unit up for rent to collect.

32 states have laws that say the LL has a duty to try and re-rent the unit. In these states, you would be responsible for the rent until it is re-rented. But the LL must take steps to try and promptly re-rent the unit. This means he does have to advertise the unit and have it available to rent. If he does not, you may not be liable for the rent. This does not mean he cannot make any and all needed repairs or improvements. As long as he continues to show and make the place available to rent, it is permitted.

The other 6 states have laws that are unclear or silent on whether the LL has a duty to re-rent the unit. Case law would decide in these states.

Please list the state you live in if in the U.S., or the country and area of the rental, to see if the LL must re-rent.

Also, you should know that all areas make you responsible for other items if you break a lease. You will be responsible to pay for advertising fees, agent fees if he uses one to find a new tenant, unpaid utilities that will revert to the owner, other non-reimbursed monies the LL has by way of your lease break, and (in only a few LL_friendly areas) the heating fees on that unit through winter if your lease stated this was your responsibility.

One note: Have you spoken to the LL about an early lease break? He may let you buy out of your lease by paying a termination fee. A termination fee is normally equal to 1-2 months of rent and provides you with a signed release of responsibility of further obligation from the lease. Talk to the LL about this and ask if he would do this. If he allows it, make sure to get a signed release.