Breaking a lease before move in

I am a college student and signed a lease on a house a couple months ago for the 2008-2009 school year. I am supposed to move in august 2008, but have since decided to transfer to a different school. The rent is 500 dollars per month per person and it is a two bedroom. My roomate and I both signed separate leases for 500 dollars a month. When I signed the lease I gave them a 500 dollar deposit and another 500 dollars for what they said was the last months rent. I was just wondering if there was any way I was able to back out of this lease if i am not able to find someone else to live there. I have kind of figured that at the very least I won't get my deposit or last months rent payment back, but what else could they charge me with, I am hoping nothing.

also just left out that the lease was for august 2008 - july 2009

[OHlandlord]

A lease is a legal contract. Once signed it is a valid contract. You need to contact the LL immediately. Explain that you will be attending a different school. Negotiate being allowed to find a replacement tenant who will be screened by the LL and **sign a new lease** with him to take your place. (You would rather do this than find a sublease tenant. If the subleasor defaults, you would still be responsible.) Then start looking for a new tenant for the unit now. Put up fliers, advertise, etc. Find someone to take your place if at all possible. If you don't, the LL may not let you out.

Another way to get out of the lease is to negotiate a lease break fee with the LL. Ask if he would allow you out if you gave him the deposit and rent you have already paid. (If he takes you to court over this he'll probably get 2 months of rent anyways.) If he allows you out of your lease for either of these scenarios, get it in writing that you are no longer obligated under the lease.

Finally, you didn't post your state. In most states, the LL has an obligation to try to mitigate the damages by advertising and attempting to re-rent the unit as soon as possible. However, there are some states where the LL doesn't even have to try to re-rent. He already signed a lease on it and you are the responsible party until it ends. For this reason, try to negotiate something with him. If you contact him now, chances are he can re-rent the unit before the lease would have ever started. Good luck.

im in alabama. but thanks.

[OHlandlord]

Make very sure you negotiate a lease break with your LL if you are in Alabama. State law there says the LL has no duty to mitigate your damages. In other words, he has no duty to try and re-rent it and can just collect the rent from you. That place can sit empty all year and you will have to pay. Try to find another tenant to take you place or negotaitate as lease break fee (where he keeps the money you have already paid him) to allow you out. Make sure to get a signed release from the LL letting you out of the lease too. Good luck.

thanks again. what part of ohio are you from, i live in cinci

[OHlandlord]

I'm in south cental OH, south of Columbus.