Can I break my lease after loss of income?How long does it take to be evicted for non-payment? What does eviction do to your credit? Legal issues?

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Can I break my lease after loss of income?How long does it take to be evicted for non-payment? What does eviction do to your credit? Legal issues?

I renewed a 12 month lease agreement 6 months ago. I was laid off in March and have to move out because I can no longer afford the $1250.00 per month rent. Now I am told I have to pay a $1062.00 reletting charge for breaking the lease and continue to pay the full amount of the rent until the home is rented. My question is; is there any way around this? Also, because I have tried to do the right thing but feel I am being taken advantage of, how long does it take to be evicted for non-payment, what does it do to your credit, and what legal ramifications are there?

Asked on June 8, 2009 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1. Can you break your lease after loss of income: you can break a lease but will suffer the consequences.  So, that means you may pay a penalty and you are responsible for the monthly rent until it is re-rented.  The landlord must mitigate his or her damages by making reasonable efforts to find a new tenant.

2. It depends on the state on how long it takes to be evicted for non payment.  Not a smart way to go because a) that is in many ways completely wrong of you to do that and b) it will and can show up on background checks with other landlords and if your landlord sues you to and gets the judgments, it can show up on your credit report.


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