What to do if I’m in a residential lease and need to break it due to a job relocation?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I’m in a residential lease and need to break it due to a job relocation?
Landlord had 90 days notice and he wants to keep deposit and an additional 2 month’s rent once we have moved out. He has never tried to advertise property to re lease it. Can he expect $3000 additional rent or is this legal or worth fighting for?
Asked on November 5, 2012 under Real Estate Law, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country if you have a long term lease with tome remaining on it, you are obligated to honor its terms. If you need to relocate then you should consider sub-leasing out the unit to a third person for the balance of time under the lease.
Another option is to pay some semblance of a buy out agreement to your landlord for a full release of the balance of your contractual obligations to him or her. Even if you simply move out and do not pay for the balancxe of your lease subjecting you to a breach of contract action by the landlord, the landlord has an afformative obligation to mitigate his or her damages by renting out the unit. If the landlord rents out the unit for equal or more that what your rent is, then the landlord really does not have any damages to complain about even if you breach the lease and refuse to pay for the balance of its term due to your intent to relocate.
I would contest the additional $3,000 in rent. The last thing that you want to do is pay the $3,000 to the landlord and then the landlord rents out the unit some other person for the balance of your term of lease where the landlord makes double rent.
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.