Breaking Lease- Landlord is asking for rent until they find a new tenant, but this was not stated in my lease?

by **salvadore94** » Wed Dec 21, 2011 1:36 pm

I am having to move out of my apartment due to some financial difficulties and am breaking my lease. I put in my 30 day notice through email so that it would be documented and recieved a reply from my land lord stating that under NC law I am responsible for payments for the apartment until they have found a new tenant. This however was not stated in my signed lease or any other paper work sent to me. Am I still held to paying the rent until they find a new person?

by **gwen** » Wed Dec 21, 2011 1:46 pm

I am having to move out of my apartment due to some financial difficulties and am breaking my lease. I put in my 30 day notice through email so that it would be documented and recieved a reply from my land lord stating that under NC law I am responsible for payments for the apartment until they have found a new tenant. This however was not stated in my signed lease or any other paper work sent to me. Am I still held to paying the rent until they find a new person?

State law does not need to be repeated in the lease. The lease doesn't say you're not allowed to murder someone in your apartment, but you know not to because there is a law against it.

Likewise, the landlord could not state something in the lease that takes your rights was. If they put in the lease that you owed rent through the end of the lease regardless of whether he found someone or not then that would not be enforceable. State law says otherwise.

by **ned** » Wed Dec 21, 2011 1:53 pm

You can be held liable for the entire lease as long as the landlord tries to rent the place. You signed a binding contract and made a commitment for the one year lease.

by **ryscford** » Wed Dec 21, 2011 1:57 pm

there are many things that were not stated in your lease but that are still legal.. like him saying you have to pay until a new tenant is found..or until your lease is up..

by **taillefer** » Wed Dec 21, 2011 2:01 pm

This NOT be needed to be stated in your lease. The lease contract covers the requirement that you pay rents as agreed until the termination of your lease agreement. Your landlord is acting properly, in indicating that you owe rents until a suitable and acceptable replacement tenant is procured. In ALL states, you are responsible for rents owed in this situation until the premises are successfully re-rented.

by **fyfe** » Wed Dec 21, 2011 2:05 pm

So you would RATHER pay rent for the remainder of your lease period?? How does that put you in a better condition? You don't think you can break a lease and just walk away since you no longer live there.....do you???

by **torin7** » Wed Dec 21, 2011 2:18 pm

The landlord is doing you a favor. Would you prefer to pay the rent for ALL the months that remain on the lease (contract) that you signed?

You did agree to pay for every single month till the end of the lease....so...landlord is going to try to re-rent the place and let you off the hook when someone new moves in.

by **winfrid12** » Wed Dec 21, 2011 2:21 pm

It does NOT need to be stated in your lease. It is NC state law that you pay rent for the full duration of the lease you agreed to or until a new tenant is found. Read up on you state laws.

by **gall** » Wed Dec 21, 2011 2:33 pm

It does NOT need to be stated in your lease. It is NC state law that you pay rent for the full duration of the lease you agreed to or until a new tenant is found. Read up on you state laws.

The lease itself makes you liable by law for rent for the full term of the lease. It's a contract, and you pay. The landlord is right in this matter. If the LL can find another tenant, you will be released from your obligation to pay rent effective as of the effective date of the new lease.

You might try to help your LL find a tenant more quickly, pay for advertising and/or other expenses of obtaining a new tenant - or you may be legally liable for these expenses.

What you should have done instead of violating your lease by giving notice of termination prior to lease expiration was negotiate a settlement with your LL first. Now you are breaking the lease, and you must pay. If you do not, the LL can sue you in court, including rent, interest and late payment charges, court costs, legal fees, expenses of finding a replacement tenant, and perhaps some additional penalties. Pay that rent on time or pay a whale of a lot more.

by **breasal** » Wed Dec 21, 2011 2:39 pm

Unfortunately for you that is a fairly standard condition of any leasing agreement.

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