What Happens When The Year Lease For An Apartment Is Broken?
I need to move out (my husband and I are divorcing). We are both on the lease so we are both moving out.
I know the security deposit will be kept and I will have to clean the place but will I be responsible for anymore fees?
Tags: Apartment, Broken, Happens, Lease, What, When, Year
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You should talk to your landlord. Unless the lease stipulates you can move at any time with 30 days notice – you may be liable for the balance of the term and rent. If the landlord has to file suit for unpaid rent, it could result in a judgment against your credit and collection efforts.
In my opinion, it’s better to work with your landlord to explain your situation and express your intentions to limit the damage to all concerned. Here’s an excerpt from NC’s Landlord/Tenant Law website:
Can’t I always terminate my lease with 30 days’ notice to the landlord?
No. If your lease provides for a definite termination date, you are typically obligated for the entire lease term, even if you have a good reason for leaving such as illness or a job transfer. Only termination due to certain military transfers is excused. So, if you leave early and the landlord is unable to re-rent your apartment, he may sue you for the unpaid rent and costs, and/or file a negative credit report against you.
Some leases allow a tenant to terminate the lease early under certain circumstances by giving notice. Check your lease to determine if it permits early termination and what amount of notice is required. If, for example, your lease allows you to give 30 days’ notice to terminate it, typically, you must notify the landlord at least 30 days before the end of the month in which you propose to leave and pay rent through the end of that month.
You should discuss it with your divorce attorney. In any event here is the law in your state:
STATE’S WEB SITE: http://www.ncgov.com/
LANDLORD TENANT ACT: brochure= http://www.ncrec.state.nc.us/publication…
Buena Suerte