QUESTION
What am I responsible for when I break a lease.
Asked on Dec 01st, 2011 on Landlord and Tenant Law - Nevada
More details to this question:
I re-signed a lease in August of 2011 after living at this place for 2 years. I had lost my job in Mid-August and was forced to move back to Michigan to find work. I had called the lease office explaining my situation and stated I would pay for Septembers rent because I was forced to leave on short notice. They want me to pay the full amount of the broken lease, they have someone living in it currently. They told me they would send me to collections for the full amount. I am not sure what to do or what course of action to take.
1 ANSWER
R. Christopher Reade
You would need to review your lease to see what it provides for in case of breach or default. Under the circumstances, you are ordinarily liable for the remainder of the balance for the term of the lease, minus an offset for any rents received by the Landlord in mitigation of the breach. For example, assume that you have 10 months left on your lease at $800 per month. The Landlord is able to relet the premises after 2 months to new tenants at $700 per month, and thus the Landlord is receiving $100 less per month than if you fulfilled your lease. You would be responsible for (2 months x $800) + (8 months. x $100)= $2,400.
You have asked for the course of action to take. This is the amount for which you could legally be held liable. Of course if you have truly moved back to Michigan, the Landlord may have a difficult time collecting this balance from you. So the legalities of liability should be balanced against the practicabilities of collection.
Answered on May 04th, 2012 at 9:30 PM