What is the penalty for breaking my lease if the landlord has a tenant to immediately move in afterI leave?
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What is the penalty for breaking my lease if the landlord has a tenant to immediately move in afterI leave?
I am breaking my lease for a new job offer. The office manager informed me that I would have to give 30 day notice, lose my deposit, and pay a 1 month rent penalty. She called me a few hours later and informed me that she had a potential resident if I could be out by the 18th. If I can be out by that date, do I still legally owe the penalty and lose my deposit for breaking my lease?
Asked on September 30, 2011 under Real Estate Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
What does your lease say?
As a general rule, if you break your lease, you can be held liable for all rent due for the remaining balance of the lease, until the landlord re-rents the premises for the same or greater rent than you had been paying. (If it re-rents for less, the landlord is entitled to the difference). In theory, if there is no period the landlord is out rent, because someone else immediately leases the place, there should be no liability, though in practice there's almost always at least some unrented time (even if only a week or two) for which the landlord can seek compensation.
However, if the lease provides for some penalty, some fee, etc. in the event of breaking the lease, such a clause or term would be enforceable, and you'd have pay even if a new tenant moved in while you were moving out.
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