What to do if I want to move from my apartment before my but my lease is up?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I want to move from my apartment before my but my lease is up?
We had asked before signing the lease what the penalty would be if this situation occurred (as we were not originally planning on leaving early but circumstances have changed) and we were told that we would have to pay back a month of rent that we had gotten free, and the difference between the rent we are paying and the actual rent charge (we moved in during a promotion) for the remaining months of the lease. Now when we ask about it we are told that we must do those things and, in addition, either find someone new to replace us or we must pay the full amount of rent for the remaining months. Also, if we find someone new we are told that our names will still be on the lease.
Asked on December 9, 2012 under Real Estate Law, Arizona
Answers:
Anne Brady / Law Office of Anne Brady
Answered 12 years ago | Contributor
The landlord is well within his rights to insist on these terms, except that if you leave early without finding a substitute tenant, the landlord is obligated to attempt to relet the apartment, and if he succeeds, he can only recover from you for the months when it was empty.
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.