jib@prism.UUCP (08/23/85)
> > You are AT MOST liable for the rent until the end of the lease period. > > It is NOT a courtesy for your landlord to forgive the amount that he > > obtains from a later tennant. The landlord MUST give you credit for this > > amount and furthermore has a duty to mitigate the damages by attempting > > (by reasonable means) to release the apartment. (He may, however, charge > > you for running ads, or an real estate agent's fee). > > > Essentially the landlord is entitled to the amount of money you agreed to > > pay him -- he is not entitled to profit from your breaking the lease, but > > nor should he lose money because of it. > > Surely this varies by state! > While states can, and sometimes do, vary the above principles by statues, they are basic common law property and contract rules that apply in almost all juridictions in the US unless there is a provision to the contrary. > For example, one lease I signed (rather reluctantly) in NJ said that > if I move out before the end of the lease, I had to continue to pay rent > anyway. Furthermore, the landlord could re-rent the apartment and > continue to collect rent both from me and from the new tenant > until the end of my lease. In fact, the landlord did not even > have to wait until I had given notice that I had moved; if the > apartment "apppeared to be unnocupied" for four days, the landlord > would be able to re-rent it and collect double. Don't believe everything that you read in a lease. Just because the landlord puts it there DOES NOT necessarily mean its enforceable. Landlords have traditionally put in clauses to scare tennants that will not be enforced by a court. Unfortunately, this practice is legal unless the state prohibits it (which few do), and you may have to be (or talk to) a lawyer to know which clauses are unenforceable. And, of course, few people want to let themselves be sued (and pay to defend) even if the clauses are unenforecable. But, if you have questions about breaking a lease a letter from a lawyer to your landlord may help a great deal. > > On the other hand, the law in New York City says that you may break > a lease without penalty if the landlord refuses to let you sublet. > Thus, all you have to do is go to the landlord and say "I have found > another tenant. I'm moving out and I'm going to sublet my apartment > for the remainder of my lease." This is true, but of course, you really do need to have found a suitable subtennant because the landlord can say "Okay, bring in the subtennant" although most would rather get a new tennant (which has advantages under the New York City rent stabilization laws). Unfortunately, New York City is an exception -- landlords will almost always be glad to see you leave because (1) it is easy to find new tennants, and (2) they usually get an opportunity to raise the rent. ----------------- DISCLAIMER: BTW, although I am a lawyer, I have not practiced in years, and the above should not be considered legal advice. It is merely (somewhat educated) opinion. --------------------------------------------------------------------------- Jim Block {cca, ihnp4!inmet, mit-eddie, wjh12, datacube} !mirror!prism!jib Mirror Systems, Inc. 2067 Massachusetts Ave. (617) 661-0777 Cambridge, MA 02140
peter@graffiti.UUCP (Peter da Silva) (08/31/85)
> Unfortunately, New York City is an exception -- landlords will almost > always be glad to see you leave because (1) it is easy to find new > tennants, and (2) they usually get an opportunity to raise the rent. (2) really only applies if you have Rent Control Laws. In Houston and other places with sane legislation the landlord is no more likely to raise the rent when se gets a new tenant than any other time. I own property in an area with Rent Control and it's the best deal possible for existing landlords because it discourages new developments & thus helps keep the housing supply low and the rent high. In Houston my rent has been continuously sliding as new development increases the supply of housing. We're talking about a 3:1 difference in rent on otherwise identical properties!