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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Breaking Lease

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Old Dec 11th, 2007, 07:02 AM     #1
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Default Breaking Lease

We currently are renting a house and have 1 1/2 years left on the lease
however my husbands job is transferring him to New Hampshire - is there
anyway we can legally be held to fulfill the lease? If we give notice will
we be entitled to deposit(place will be left spotless/no damages) and last
months rent?
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Old Dec 11th, 2007, 10:52 PM     #2
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Default Re: Breaking Lease

Unless your husband is a military member being called up to active duty, a change in job is not sufficient reason to break a lease. You will still be responsible for the rent (and utilities if they were your responsibility) until the unit is re-rented. You will also be responsible for advertising costs, and any other unreimbursed fees the LL has to pay to find a new tenant (such as agent's or broker's fees, or credit checks on the new tenant that are not covered by an application fee). The deposit will be used towards this amount if you leave no damages, then the LL will bill you for the rest. If not paid, he can take you to court and get a judgement against you for the amount owed. Most courts will only allow the LL to collect a few months of rent while vacant, even if he is actively seeking a new tenant. Be sure to give written notice as per your lease prior to the rent date.

Your best options would be to negotiate with the LL a lease break fee of one to two months of rent, or to contact the employer and explain the lease situation to them. Many employers will buy out (pay the lease break fee) so they can transfer an employee to a new job. Good luck.
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