Am I still responsible for the rent even after giving proper notice to break lease?

Question

Hi all, hoping someone can give an answer to this.

I am breaking a one year lease and have given 60 days notice. I am moving out on September 15th, my rent is due on the 1st, so I only paid until Sept15th. My landlord told me that not only do I owe rent for the entire month of September, I am also responsible for the rent until they find a new tenant. I thought that as long as I give proper notice to break my lease, I won’t be liable for the rent anymore.

Am I still responsible for the rent until my landlord finds a new tenant? Thank you in advance to anyone who can give some insight!

Wayne Brooks · Answer

@Gigi Smith “Proper Notice” doesn’t apply to “breaking a lease”. If your lease has an Early Termination clause, then the fees/penalties are outlined there. Absent that, yes, you are responsible for the rent until the landlord finds a suitable tenant along with any costs associated with that since….you are Breaking Your Lease.

JD Martin · Answer

Yes. Unless you have a lease that says different. Generally you are responsible for rent, utilities and other upkeep until the landlord finds another tenant unless there's an early termination process which usually involves a termination fee.

Imagine if it were the other way around. The landlord finds out he can get an extra $200 per month, so a month into a year long lease he gives you 60 days to get out.

What would be the point of a lease if it could be broken unilaterally without penalty?

Bill B. · Answer

Imagine if what you thought was true…

What would be the purpose of the 1 year lease? If you can leave anytime why not sign 100 year lease

Better yet, try giving your car lease company notice you’re terminating the lease early. They’ll say fine, just make all the remaining payments.

Tim Miller · Answer

As other's have stated, your LL is 100% correct. Just pray your LL isn't like we are. I would have already filed for failure to pay rent. But you would have been advised of this before only paying 1/2 months rent. I'll make sure to get a judgement against you and this will be on your credit report. After all that, I would send what I have legally lost to collections. Every 5 years I would make sure that I reconfirm the debt so it stay's on your credit report.

I might never receive a penny but you will never get a low interest rate loan for a long time. Try buying a house, 99% sure that will not happen. We have done this to 2 tenants for breaking the lease and skipping out. We know this is working because 1 tenant sent us a letter (all caps) that we had no right to do this and they will sue if we don't blah blah blah....

So either try to work out a early term with your LL (if he's willing at this point) or pay up and hope he/she gets it rented quickly.

Nathan Gesner · Answer

Your Landlord is right. Whether you give notice or not, you are responsible for the full term of the lease until a new tenant is placed or your lease expires. The Landlord has an obligation to find a new renter and minimize the damage to you.

The only other option is to negotiate a termination fee or something with your Landlord. If you do this, be sure to get it in writing!

Bob Stevens · Answer

Of course, you are responsible. Also, if you do move I will sue you for the remainder of the lease if I do not get someone, and I will also keep your SD

Richard F. · Answer

Aloha,

I would just add to @Wayne, the LL MUST make a "good faith" effort to re-rent the unit at the same terms as you were under. Of course this also assumes you left it in "move in" condition.

Colleen F. · Answer

@Gigi Smith one of the best things to do in this situation (besides not breaking the lease) if you can't work a buyout out with your LL is to make sure your unit is clean and easy to show.  Has the LL asked for showings and have you co-operated?  The sooner they fill your unit the sooner you are no longer liable for the rent because they can't double dip. They have to make a good faith effort to fill the unit.  It is probably too late for you to do much but do what you can to make it re-rentable quickly.

Ray Hage · Answer

If you are way under market rent, maybe your landlord will go easy on you but you are liable for whatever the lease says. In FL, it is usually 2 months worth of rent for early termination. Whatever it says, is what you will owe regardless of notice. However, you may be able to work out a deal with your landlord, especially if you are a good tenant and took care of the place.

Am I still responsible for the rent even after giving proper notice to break lease?

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