If I got an eviction letter from the Sheriff that says I have 3 days to pay or vacate, can my landlord legally charge me a break lease fee for leaving?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I got an eviction letter from the Sheriff that says I have 3 days to pay or vacate, can my landlord legally charge me a break lease fee for leaving?

And if I’m gone and have it paid before the 3 days are up, can they still take me to court even though I’ve already paid?

Asked on May 16, 2012 under Real Estate Law, Wyoming

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

With respect to the legal effect of the three day notice to pay or quit concerning your presumed written lease with your landlord, you need to carefully read your lease to see what the outcome would be if you breach its terms.

Under the law, the typical result would be that you would be responsible for the balance of the term of your lease with your landlord after you breach the lease and have been evicted subject to offsets under the landlord's obligation to lease out the unit to some other person for the balance of your term.

If you cure the default by paying rent in the next three days, there would be no court action for the breach that you are presently writing about.


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 AttorneyPages.com 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 with SHA-256 Encryption