Breaking a lease

Question:

If I break my lease early, is it legal for my landlord to collect rent from me until he finds a new tenant?


Hello Mr. Blacksburg,

I need to terminate my lease in the middle of its term because I am relocating to another state for my job. My landlord is telling me that I need to pay for the rent until he finds a new tenant. Is there any code/law that will get me out of this?

We’ve also had problems with mice in the house since we moved in. This has been reported to the landlord with no response from him.  We’ve been paying for the pest control services ourselves, but the problem still exists.

What are my rights in this situation?

Answer:

A lease is a contract, so you're required to uphold your end of it.  A landlord is required to take all necessary steps to re-rent the place as soon as possible for at least the same rent that you’re paying. For the period that he can't rent it, or if he can show that he can't reasonably get the same price you're paying, he can legally collect the difference from you.  

Realistically, the landlord will keep your security deposit and then decide whether to come after you for the rest.  The fact that you're in a different state should help reduce the chances that he'll come after you for more than what he's already gotten.

The fact that you have minor habitability issues won't do much to help since you’re leaving because of the job, rather than because your home has become inhabitable.

The legal advice offered here pertains to the specific set of circumstances being discussed in each post.  Answers given to questions answered on this blog will not necessarily pertain to all other similar cases.  For personalized legal advice, please contact Michael Blacksburg directly.