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I have to go to court tomorrow for non-payment of rent due to a terrible turn in events with income. Rent is due on the 1st and it is now almost at the end of the month. We were late last month also (paid the rent on the 23rd). Prior to that the rent was paid on time every month. My boyfriend and I want to get out of the lease and move back in with family until we can get financially stable again because it is obvious that we can't afford to keep this apartment at this time. Does anyone know of the penalties for doing that? And how much time, by law, do we have to vacate the premises. I was hoping to be able to stay until Oct. 15th (paying the cost of that of course) to get things situated. Any thoughts?
I have to go to court tomorrow for non-payment of rent due to a terrible turn in events with income. Rent is due on the 1st and it is now almost at the end of the month. We were late last month also (paid the rent on the 23rd). Prior to that the rent was paid on time every month. My boyfriend and I want to get out of the lease and move back in with family until we can get financially stable again because it is obvious that we can't afford to keep this apartment at this time. Does anyone know of the penalties for doing that? And how much time, by law, do we have to vacate the premises. I was hoping to be able to stay until Oct. 15th (paying the cost of that of course) to get things situated. Any thoughts?
You might want to post this on the "renters" subforum of the Real Estate forum too.
What does your lease say about how much notice your landlord requires to end the lease? Some landlords require more notice than others. I hope you told your landlord the troubles you are having. It is much better to be upfront than to avoid him and not explain why you're not paying on time. Be honest with him, maybe he will work with you and compromise in letting you out of the lease. You may also be allowed to sublet it, but again, it depends on what your particular lease says.
If I were to give advanced notice that I will be breaking my lease, does my landlord's duty to mitigate start at the time I give my notice or does it start at the time I move out?
If I were to give advanced notice that I will be breaking my lease, does my landlord's duty to mitigate start at the time I give my notice or does it start at the time I move out?
Well, I think it should start at the time of notice. That's the whole purpose of the notice...
By the way, if your landlord agrees to let you go, that's called a "surrender" and it's a mutual breaking of the lease, which means that you aren't bound to it. I would just get that approval in writing.
By the way, if your landlord agrees to let you go, that's called a "surrender" and it's a mutual breaking of the lease, which means that you aren't bound to it. I would just get that approval in writing.
If I were to give advanced notice that I will be breaking my lease, does my landlord's duty to mitigate start at the time I give my notice or does it start at the time I move out?
It starts at the time you actually surrender the premises. LL has no obligation to mitigate until then
My lease stipulates paying rent to term AND being charged a 1/2 month rent rent to terminate the lease. Can they have me pay to break the lease and still charge me the rent until my apartment is rented?
My lease stipulates paying rent to term AND being charged a 1/2 month rent rent to terminate the lease. Can they have me pay to break the lease and still charge me the rent until my apartment is rented?
Well, paying the rent is what you promised to do under the contract until the end of the lease. The 1/2 month penalty is because they have to go to additional work in marketing the apartment ahead of when they were expecting to.
What does the lease (that you signed) stipulate?
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