QUESTION
What happens if I walk away from my lease?
Asked on Feb 28th, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
My uncle told me to seek some free legal advice because I am on unemployed and having a hard time paying my rent. I only have March and April left to pay. I am thinking of just walking away from the apartment. I need to know the repercussions of walking away from my lease.
8 ANSWERS
Steven D. Dunnings
You can be sued for the balance of the lease term.
Answered on Mar 02nd, 2012 at 9:17 PM
If you just walk away from the lease then the Landlord may be able to sue you for the rest of the rent due under the lease unless he is able to rerent the apartment right away. You should consult with an attorney or legal aid society in your area to review your lease and advise you.
Answered on Mar 02nd, 2012 at 7:24 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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The landlord may seek a civil judgment against you for unpaid rent an may report you to companies that keep tabs on deadbeat tenants.
Answered on Mar 02nd, 2012 at 6:55 PM
Criminal Law Attorney serving Salem, NH
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Law Office of Patrick E. Donovan, PLLC
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You can be sued and liable for the two months rent. Depending on the lease, you could also be sued for attorneys' fees. Why not talk to your landlord and see if he is willing to let you out early given your circumstances. If he gets notice and can find another tenant, you might save some money.
Answered on Mar 02nd, 2012 at 2:36 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You can be sued for a money judgment. Why don't you work out a deal with your landlord to keep your security deposit if you leave early.
Answered on Mar 01st, 2012 at 2:13 PM
It depends on the terms of the lease. Under the most standard terms, you'd be obligated to pay the remainder of the lease term, but the landlord would have a duty to mitigate damages by seeking a new tenant, and could not charge you for any months once he found a new tenant. In practice, many landlords will not pursue you if they think its more trouble than its worth, but its important to understand that if your landlord does choose to do so, you could be on the hook for a lot of money. My suggestion would be to explain your situation to your landlord, and ask them to start looking for a new tenant, and agree to keep paying rent until they find one. Landlords are usually accustomed to such situations.
Answered on Mar 01st, 2012 at 1:23 PM
Immigration Law Attorney serving Hialeah, FL
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Hernandez & Suarez, PL
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You may still be liable, if your landlord sues you, for the remaining of the lease even though you walk away. I would suggest you speak to the landlord, explain the situation and the landlord may find another tenant before your lease expires and let's you go without any further consequences. You should speak up right away so that the Landlord has some time to find another Tenant quickly.
Answered on Mar 01st, 2012 at 1:07 PM
Kevin Elliott Parks
It depends on a number of factors, so it's impossible to say for sure. Most specifically, it depends on what your lease itself says. If you simply vacate the property, the landlord will likely ultimately try to bill you for the rest of the tenancy, in addition to trying to retain whatever deposits they may have, etc. Whether or not they'd ultimately be successful in that depends on a number of facts. As a default upon breaking a lease, however, Oregon law provides for reasonable rent, utilities and advertising costs while the landlord attempts to secure a new tenant. These costs can, of course, vary considerably.
Answered on Mar 01st, 2012 at 12:58 PM