QUESTION

Breaking apartment lease

Asked on Aug 28th, 2014 on Breach of Contract - Virginia
More details to this question:
Due to financial difficulties I am having to move from my apartment and this will be breaking my lease. I have to be out on September 10th. They originally told me I'll pay the pro-rated 10 days that I lived there in September. Now they are telling me I have to pay almost the entire month (until September 25th) until the new tenants move in. My question is when you break a lease are you forced to pay for the apartment even though you no longer reside in the residence, because essentially that is what they are making me do.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Breaking a lease, without the landlord's consent, is a breach of contract, and makes you liable for all damages suffered by the landlord as a direct result of the breach.  You are not absolved of your obligation to pay rent because you walk away.  If you had left with three months, or three years, left on the lease, you would be liable for three months', or three years', rent, unless the landlord is able to rent your apartment to someone else for the same or greater rent, or agrees to let you pay less.  In this case, you would be liable to pay rent until the new tenants move in, unless you can prove that your landlord unconditionally agreed to accept 10 days' rent from you in full settlement of your obligations under the lease.
Answered on Aug 28th, 2014 at 11:37 AM

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