QUESTION
Can my landlord make me pay the balance off the old lease?
Asked on Nov 29th, 2011 on Landlord and Tenant Law - Oregon
More details to this question:
I am moving from one apartment to another and signing a new lease agreement in the same apartment company. Can they make me pay the the balance off first on the old lease?
4 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No.
Answered on May 31st, 2013 at 12:35 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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It depends on the terms of the lease.
Answered on Dec 05th, 2011 at 10:58 PM
Business Entity Formation Attorney serving Poughkeepsie, NY
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Law Offices of Lorenzo L. Angelino
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I am assuming that the first lease was not yet complete, and your landlord consented for you to break that lease in order to enter into a new lease with the same landlord in a different apartment. If the landlord consented to the breaking of the old lease to enter into this new lease, they cannot hold you liable for the remainder of the old lease, and I do not understand why they would.
Answered on Dec 03rd, 2011 at 12:35 AM
Kevin Elliott Parks
It's difficult to know what you mean by balance. If there are prior months that you've lived there but have fallen behind in payment, then yes, you should pay your outstanding balance to be brought up current. If you're leaving an old unit before the expiration of the lease term (i.e., there's still a few months left on the lease), and you're now moving into a different unit in the same complex, you likely should not have to pay double for any overlap. Of course, depending on the circumstances, I could foresee circumstances which would require you to have to pay both leases, but those are rather rare and unlikely. If you have other questions, though, you should contact an attorney to assist you. Good luck!
Answered on Dec 02nd, 2011 at 8:55 AM