What i a tenant’s accountability for rent whenthey move out of the apartment and requested to be taken off the lease?

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What i a tenant’s accountability for rent whenthey move out of the apartment and requested to be taken off the lease?

I was the primary rent payer on the lease of an apartment that I was sharing with my girlfriend at the time. I moved out and requested to be taken off the lease. Should I be held accountable for the last 4 months of rent when I wasn’t even there?

Asked on December 5, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) If there was a written lease, then you are obligated to pay rent for the entire duration of the lease (e.g. for the whole year, if it's the typical 12-month lease), unless the lease itself allows you to terminate the lease earlier--and you terminate in accordance with the lease provisions. There is no general right to be taken off a written lease--you can only be taken if there is some provision in the lease for doing so. Without such a provision, you are bound to the lease and the landlord does not need to let you off it.

2) Whether or not a tenant is physically using or occupying an apartment has nothing whatsoever to do with his or her obligation to pay rent; if you are on the lease, you must pay, whether you are there or not.

So from what you write, it would appear that you have to pay rent, even though you moved out.


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