breaking a lease

[clo2009]

my husband lost his job 2 months ago and has been unable to find another one, therefore we can not pay the bills.. we are planning on moving back home to ohio to live with my father in law, who by the way is paying for the move... i wrote my landlords a letter that i had sent certified mail, letting them know we were leaving at the end of february... i also let the know that i will have february's rent.. i am only breaking my lease about 2-3 months early, can they not except that and give me a three eviction notice or do they have to give me 30 days? thanks...c-lo

 

[Gail_in_Georgia]

They do not have to accept your breaking the lease; they can, instead, require that you must pay either the remaining months on the lease or find a tenant to take your place.

They are not evicting you; instead, you are breaking the lease.

It would be far better for you to discuss finding someone to sublease the unit; that is, take over your rent payments until the end of your lease. If you did this (and the landlord accepted this tenant) you would not owe any more rent once they took over the lease (although your landlord might hold you responsible should the person subletting damage the property during the remainder of your lease).

If you simply break the lease and move and the landlord cannot find another tenant for the two or three months left on your lease they can, down the road, file a lawsuit against you for owed rent. Such a judgement would show up on your credit report and might have a negative impact if, in the future, you wish to rent again or purchase a large item that requires a credit check.

I hope this makes sense.

Gail