What happens if I don’t pay my rent and I’m in a lease with 8 months left on it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if I don’t pay my rent and I’m in a lease with 8 months left on it?
Would I just get evicted and they keep my security deposit? Or am I responsible for the remainder of the lease?
Asked on December 21, 2012 under Real Estate Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The latter. In other words, you would be responsible for the remiaing rent due under the lease (and can be sued in small claims court). That is, at least until the unit was re-rented. Otherwise, there really isn't much that you can do unless your lease gives you an out. For example, some leases allow for early termination if you are being transferred for your job or you lose your job. Also, most states allow military personal to break their leases early if they are being re-assigned. You need to review the terms of your lease.
Again, if you can't legally get out of your lease, you will be liable for all remaining payments. That having been said, you should be aware that landlords have a duty to "mitigate" their damages. This means that they must minimize their damages by re-leasing the premises. Consequently, if you end your lease early, your landlord has to advertise to try to find a new tenant. Once they do, you must be released from the remainder of thelease.
Possible you can assist your landlord in finding a new tenant (a friend or co-worker). Also, if your lease allows or your landlord will permit, you can try to sublet your rental. Under a sublet, you will still have to pay rent to your landlord but someone else will be paying you (you can more easily accomplish a sublet by renting to your sub-tenant for less than what you pay and then making up the difference; it's not the perfect solution but getting something from a sub-tenant is better than getting nothing).
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.