Can we be sued for moving out? regarding a rent-to-own contract?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can we be sued for moving out? regarding a rent-to-own contract?

We have a rent-to-own homeowner’s contract. We are worried that if we move out, even giving a 30 days notice, that we will be sued for money owed according to the contract. What should we do?

Asked on May 30, 2018 under Real Estate Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the contract does not let you terminate it early or cancel it (e.g. does not have some early termination clause) you can be sued for the money will owe under it. A contract binds or obligates the parties according to its plain terms: if the contract requires you to pay a certain amount in total or make a certain number of payments, you must make those, unless the contract itself provides you some "out." Moving out is irrelevant to your obligations under the contract: you can still lease, buy, own, etc. property you don't live in, and the one has nothing to do with the other.
Other than some early termination or cancellation clause in the contract itself, you can only escape the contract and liabity under it if:
1) The seller breaches or violates their obligations under the contract in some material or important way; one party's material breach lets the other party treat the contract as terminated.
2) The seller committed fraud (lied to you about something important before you signed the contract, to get you to sign), which would let you void the contract.

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 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 lock Secured with SHA-256 Encryption