How can I break a rental lease?
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How can I break a rental lease?
I’ve been offered a good job that will provide a good salary and health benefits but is in another state. Currently we have no insurance at all, obviously I could not pass up this opportunity and took the job. I can’t afford 2 rents and splitting up my family, my wife and 3 year old son, isn’t an option. We are great tenants and good people but the owners aren’t being cooperative and say thats business. I told
them to keep our security deposit and another month rent, however they still say they’ll take us to
court if they can’t find another tenant. This seems off to me. I understand the law is to protect the owners but I’m sure this situation is not what the lawmakers had in mind when writing it.
Thank you
Asked on January 16, 2018 under Real Estate Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you haven't already done so review your lease and look for language about this situation; occassionally, a leasewill provide protection in the event of a change of employment. If the lease is silent on this, then you are not entitled to an early termination. You, the, are still liable for the remaining rent until the end date of the lease. That having been said, your landlord is under a "duty to mitigate damages" once you move out. This means that they must use reasonable efforts to find a new tenant. If this happens, once the new tenant moves in you will be relieved of any further rental obligation. In this regard, possibly you know of someone who would like take over your unit? You can ask friends, neighbors, etc. Also, might be able to sublet. With a sublet you become the "sublandlord". You could even choose to charge the "subtenant" less than what you are paying but it would at least you some financial relief. However, a sublet typically requires the landlord's permission. Further, you should be aware, that with a sublease you will still remain liable for the rent even if the subtenant fails to pay you.
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