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From: ark@alice.UUCP (Andrew Koenig)
Newsgroups: net.legal
Subject: Re: Re: Breaking Lease on Apt.
Message-ID: <4171@alice.UUCP>
Date: Sun, 18-Aug-85 11:12:54 EDT
Article-I.D.: alice.4171
Posted: Sun Aug 18 11:12:54 1985
Date-Received: Tue, 20-Aug-85 20:26:48 EDT
References: <6100004@prism.UUCP>
Organization: Bell Labs, Murray Hill
Lines: 27

> You are AT MOST liable for the rent until the end of the lease period.
> It is NOT a courtesy for your landlord to forgive the amount that he
> obtains from a later tennant.  The landlord MUST give you credit for this
> amount and furthermore has a duty to mitigate the damages by attempting
> (by reasonable means) to release the apartment.  (He may, however, charge
> you for running ads, or an real estate agent's fee).

> Essentially the landlord is entitled to the amount of money you agreed to
> pay him -- he is not entitled to profit from your breaking the lease, but
> nor should he lose money because of it.

Surely this varies by state!

For example, one lease I signed (rather reluctantly) in NJ said that
if I move out before the end of the lease, I had to continue to pay rent
anyway.  Furthermore, the landlord could re-rent the apartment and
continue to collect rent both from me and from the new tenant
until the end of my lease.  In fact, the landlord did not even
have to wait until I had given notice that I had moved;  if the
apartment "apppeared to be unnocupied" for four days, the landlord
would be able to re-rent it and collect double.

On the other hand, the law in New York City says that you may break
a lease without penalty if the landlord refuses to let you sublet.
Thus, all you have to do is go to the landlord and say "I have found
another tenant.  I'm moving out and I'm going to sublet my apartment
for the remainder of my lease."