If I got an eviction letter from the Sheriff that says I have 3 days to pay or vacate, can my landlord legally charge me a break lease fee for leaving?

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If I got an eviction letter from the Sheriff that says I have 3 days to pay or vacate, can my landlord legally charge me a break lease fee for leaving?

And if I’m gone and have it paid before the 3 days are up, can they still take me to court even though I’ve already paid?

Asked on May 16, 2012 under Real Estate Law, Wyoming

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

With respect to the legal effect of the three day notice to pay or quit concerning your presumed written lease with your landlord, you need to carefully read your lease to see what the outcome would be if you breach its terms.

Under the law, the typical result would be that you would be responsible for the balance of the term of your lease with your landlord after you breach the lease and have been evicted subject to offsets under the landlord's obligation to lease out the unit to some other person for the balance of your term.

If you cure the default by paying rent in the next three days, there would be no court action for the breach that you are presently writing about.


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