If I need to get out of my lease early because I can’t afford my rent. is it worse to just skip out or wait and let them evict me?

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If I need to get out of my lease early because I can’t afford my rent. is it worse to just skip out or wait and let them evict me?

I cannot afford this months rent which is $530. I need to get out of this lease which ends 09-30-12. They are telling me I have to pay $1500 up front and give 2 months notice all the while continue to pay the rent. If I could do that I wouldn’t need to get out of my lease.

Asked on February 7, 2012 under Real Estate Law, North Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Neither alternative is good. Your best bet, to minimize the impact on your credit and renting history, is  to move out, return the keys, and tell you landlord that you are leaving and they can have their apartment back. (Also send them a letter to his effect, some way that you can prove delivery, like certified mail with return receipt). You could still be sued for the rent you owe under the lease; however, since you will have given possession of the apartment back, the landlord will not need to evict you to get a judgment of possession. You will have a default on your credit history, but you may be able to avoid having an eviction listed.

Also, if the landlord has to evict you, he or she can sometimes recovery court costs and/or legal fees, too--by giving back possession, you will  avoid those charges.


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