Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I am moving out of this address and i don't want to live in this horrible apartment. They already told me that they will not return my security deposit because I am breaking the lease. However, state law requires them to rent the apartment and this apartment is full and has a lot of people on the waiting list. And there is no need for advertisement and other fees since they have a waiting list to choose from.
Can they do that? Also, can they know my new address if I didn't give it to them? Can they ask the electricity company where I am transferring my new service. I am thinking of staying for 10 days without paying rent because of the deposit. I won't let them stealing me.
Alabama law does NOT require a landlord to find a replacement tenant (mitigate) and can hold you liable for the full term of your lease. You can negotiate a fee for terminating the lease early, but make sure you get everything in writing.
Alabama law does NOT require a landlord to find a replacement tenant (mitigate) and can hold you liable for the full term of your lease. You can negotiate a fee for terminating the lease early, but make sure you get everything in writing.
That's incorrect. Alabama does require a LL to mitigate:
OP, you need to follow the law, so follow the links in the site above and proceed accordingly. Whatever is "horrible" about the apartment you should properly address with management and Alabama landlord tenant laws will tell you how to go about doing this.
What you think about a waiting list is irrelevant. Planning to not pay rent for 10 days is simply foolish and could well land you up in court, the record of which can make it very difficult for you to find rentals in the future. Good luck.
OP, you need to follow the law, so follow the links in the site above and proceed accordingly. Whatever is "horrible" about the apartment you should properly address with management and Alabama landlord tenant laws will tell you how to go about doing this.
What you think about a waiting list is irrelevant. Planning to not pay rent for 10 days is simply foolish and could well land you up in court, the record of which can make it very difficult for you to find rentals in the future. Good luck.
I take everything I read in Nolo with a grain of salt since they are usually wrong. Case law and the Alabama Supreme Court states that a landlord in Alabama has no duty to mitigate.
In Ex parte Kaschak, 681 So. 2d 197 (Ala. 1996), the Alabama Supreme court stated:
The trial court and the Court of Civil Appeals correctly held that when a tenant abandons leased premises the landlord has two options. First, the landlord may allow the premises to remain vacant and recover rent for the whole term of the lease, or the landlord may end the lease by accepting the abandoned property and re-entering the premises. Ryals v. Laney, 338 So. 2d 413 (Ala. Civ. App. 1976). Furthermore, the landlord is under no affirmative duty to mitigate any damages arising under default on a lease agreement by a tenant. Whether a landlord has accepted a tenant's abandonment of leased premises, so as thereby to terminate the lease, is a question of fact, and an acceptance may be implied from acts and conduct of the landlord. Cobb v. Lee, 44 Ala. App. 277, 207 So. 2d 143 (1968). McClure v. Daniel, 45 Ala. App. 558, 233 So. 2d 500 (1970).
I take everything I read in Nolo with a grain of salt since they are usually wrong. Case law and the Alabama Supreme Court states that a landlord in Alabama has no duty to mitigate.
In Ex parte Kaschak, 681 So. 2d 197 (Ala. 1996), the Alabama Supreme court stated:
Did you notice the date on the case cited? 1996 (18 years ago) and based on previous cases in 1968, 1970 and 1976 ...
Even if they have a duty to mitigate, I still think it is reasonable to charge a penalty for breaking the lease (if allowed by state law). Personally, I think the equivalent of 1/2 month rent is reasonable, on top of whatever time you live there and on top of any downtime between tenants and on top of any cleaning and repairs. Many property managers charge the landlord a fee every time they have to sign a lease, often times as much as 1/2 a month rent.
Personally, I think the equivalent of 1/2 month rent is reasonable
That seems seriously low end for a break lease fee. In the majority of leases I've seen which have a break lease clause it's the equivalent of two month's rent.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
