What is the penalty for breaking my lease if the landlord has a tenant to immediately move in afterI leave?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the penalty for breaking my lease if the landlord has a tenant to immediately move in afterI leave?

I am breaking my lease for a new job offer. The office manager informed me that I would have to give 30 day notice, lose my deposit, and pay a 1 month rent penalty. She called me a few hours later and informed me that she had a potential resident if I could be out by the 18th. If I can be out by that date, do I still legally owe the penalty and lose my deposit for breaking my lease?

Asked on September 30, 2011 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

What does your lease say?

As a general rule, if you break your lease, you can be held liable for all rent due for the remaining balance of the lease, until the landlord re-rents the premises for the same or greater rent than you had been paying. (If it re-rents for less, the landlord is entitled to the difference). In theory, if there is no period the landlord is out rent, because someone else immediately leases the place, there should be no liability, though in practice there's almost always at least some unrented time (even if only a week or two) for which the landlord can seek compensation.

However, if the lease provides for some penalty, some fee, etc. in the event of breaking the lease, such a clause or term would be enforceable, and you'd have pay even if a new tenant moved in while you were moving out.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption