If you vacated ahouse and it was re-rented, is it still your responsibly to pay the landlord if youfailed to give proper nitice of your move?

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If you vacated ahouse and it was re-rented, is it still your responsibly to pay the landlord if youfailed to give proper nitice of your move?

The new tenants made the deposit and signed a lease; the broker said once a new lease was made done the house wouldn’t be our house anymore. Now they are calling us saying that we owe them money because we didn’t give notice even though there is a new lease.

Asked on December 21, 2011 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you vacated your rental before the expiration of the time left on your lease or if you did not give timely notice of your move out, then the landlord under the presumed written lease that you have with him or her can claim that you owe addiitonal rent money.

I suggest that you carefully read your written lease (assuming you have one) in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

You might also consider consulting with a landlord tenant attorney about your situation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Once the house is re-rented for the same amount or more than you were paying, you should no longer be responsible. That said--

1) If the new tenants are paying less than you did, you could be responsible for the difference--the landlord does not have to take a loss.

2) You would be liable for any amounts owed prior to the re-rental; i.e. say there were 6 weeks between your breaking the lease and the new tenants starting to pay, you could be liable for that amount.

3) If the lease specifically provides that you are liable in the event of terminating your tenancy, you could be liable for amounts specified in the lease.


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