What to do if I want to move from my apartment before my but my lease is up?

UPDATED: Dec 9, 2012

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What to do if I want to move from my apartment before my but my lease is up?

We had asked before signing the lease what the penalty would be if this situation occurred (as we were not originally planning on leaving early but circumstances have changed) and we were told that we would have to pay back a month of rent that we had gotten free, and the difference between the rent we are paying and the actual rent charge (we moved in during a promotion) for the remaining months of the lease. Now when we ask about it we are told that we must do those things and, in addition, either find someone new to replace us or we must pay the full amount of rent for the remaining months. Also, if we find someone new we are told that our names will still be on the lease.

Asked on December 9, 2012 under Real Estate Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

The landlord is well within his rights to insist on these terms, except that if you leave early without finding a substitute tenant, the landlord is obligated to attempt to relet the apartment, and if he succeeds, he can only recover from you for the months when it was empty.

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