QUESTION
Am I responsible to pay rent for the remainder of the lease if I get out of it earlier?
Asked on Feb 02nd, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
If I terminate a residential lease a month early, am I responsible for paying rent for the remainder of the lease? There is no language in the lease that specifies this.
8 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Probably you are.
Answered on Jun 20th, 2013 at 12:34 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You cannot "terminate" a written contract (lease) unilaterally, as what would be the point of having a written contract? So yes, you have to pay.
Answered on Feb 03rd, 2012 at 1:09 PM
Unless the property can be rerented without loss to the landlord you will be responsible for the rent until the end of your lease term.
Answered on Feb 03rd, 2012 at 1:06 PM
If you signed a "fixed term lease," which has a definite start and end date, then you are contractually obligated to pay rent until the lease terminates unless a subsequent agreement between you and the landlord terminates tenancy earlier than the original termination date.
Answered on Feb 03rd, 2012 at 11:43 AM
Steven D. Dunnings
If there is no language requiring you to do so then no. I suggest you reread the lease because most landlords have a clause that requires a tenant who terminates prior to the expiration of the lease to pay the unexpired term of the lease.
Answered on Feb 03rd, 2012 at 11:39 AM
Unless a written lease specifies you have the right to terminate early and will be excused from the rent, you will still owe the rent. The landlord does have an obligation to try to rerent the residence but for a one month period, it probably would be difficult to get it rerented so quickly. If the Board of Health closed the premises due to safety or health concerns, it might change the result.
Answered on Feb 03rd, 2012 at 11:34 AM
Banking Attorney serving Miami, FL
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Yes, the lease is a contract and the termination could be considered a default of that contract to which the landlord could be entitled to receive damages (i.e. unpaid rent).
Answered on Feb 03rd, 2012 at 11:27 AM
Kevin Elliott Parks
Yes. If you have a lease for a specific term, you're required under the contract to pay for each month of that term. If the lease is terminated early you can avoid paying the rest of the months, but you can't simply terminate the lease on your own it requires the agreement of the landlord. If you do it on your own, you're actually breaching the lease contract and the landlord's damages would be the remaining month's rent. Most leases provide clauses for what is due upon breaking a lease. Often there's a flat fee involved. In its absence, Oregon statutes provide that a landlord can seek rent, utilities, and advertising costs between the time you move out and the time another tenant moves in, subject to the landlord being reasonably diligent in finding a replacement tenant.
Answered on Feb 03rd, 2012 at 10:57 AM