If I wasn’t able to pay the last 2 months of rent so I moved out without permission and now my landlord is taking me to court, is there anything I can do?

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If I wasn’t able to pay the last 2 months of rent so I moved out without permission and now my landlord is taking me to court, is there anything I can do?

My roomate wants to resign and has a replacement tenant but the landlord says they won’t resign anyone until my previous rent is paid.

Asked on August 28, 2012 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to carefully read your written lease to see if your landlord can validaly refuse a sublease if there is a willing and ready back up tenant to move into the rental that you have. If the lease allows a sublease then the landlord has no right to refuse a good subtenant or alternate tenant as you have written about. Most importantly, the landlord has an affirmative obligation to mitigate (minimize) his or her damages resulting from the lease.

The best thing that you can do is try and get a tenant to replace you in the unit you moved out on and offer to repay the former landlord what you can over time.


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