my daughter renew her rental agreemet for a year, however she notify the office that she was moving out before the rental agreement kicked in. she turn the keys back over to them and try to find a replacement. The replacement didn't qualified and now they want to evict her and told her the she will be responsible for the total lease and court cost. my questions is once she is evicted could the still make her pay for the whole year? so far she is not behind in rent and have been paying them on time. she currently lives in new york and the apartment she was leasing is in north carolina with 9 month left on lease. They stated that if she breaks the lease she is responsible for the full lease.
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breaking rental agreement
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presutin
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If that is what the lease agreement reads when it comes to breaking the lease, as long as it is not violating NC landlord/tenant laws she will have to pay. She should have tried to find a renter to take over her lease before she left for NY.
she did try to find a replacement,however the landlord let the replacement move in and then told her she had to move out a month later because her co-signer was not approve. Also if she continues to pay the rent and her roommates that are left damage the apartment will she still be liable.
presutin
Moderator
Yes, if her name is on the lease, she will be responsible for damages (if any) at the end of the lease. If a renter does not make the grade due to not being approved, sorry to say this, but she is out of luck. If she can continue to find a replacement for the lease term, she should do it. Best of luck to her!
Gail_in_Georgia
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A landlord/management company cannot simply "evict" someone on their own. Only a court can actual evict someone. A landlord can post a "Pay or Quit" notice or a "Notice to Vacate" in the case of a tenant who has not paid but refuses to move but they cannot formally evict that tenant without the court intervening.
In a court ordered eviction, it is the landlord that is breaking the lease, not the tenant (although the tenant may have already broken the rules of the lease requiring a landlord to file for eviction). Generally a tenant is not responsible for further rent once the eviction has been formalized.
They would still be responsible for rent owed until the actual eviction, any late fees, court costs, damages to the unit, etc.. The landlord would likely turn around and file against them again, this time to obtain these costs.
If the landlord does not file for an actual eviction, the tenant (your daughter) would remain responsible for the rent. However, a landlord has a legal obligation to attempt to find another tenant to rerent the unit; on other words, they cannot sit back and do nothing and expect the orginal tenant to continue paying for the remainder of the lease. They must make the attempt to rerent.
Again, as a general rule, the courts will give the landlord two to three months to find another tenant. In cases where a former tenant has countersued for what they feel is an excessive amount of owed rent, the landlord must produce evidence to the courts that they have made an honest effort to rerent the unit (as opposed to sitting on their duffs simply waiting out the lease).
Gail
A landlord/management company cannot simply "evict" someone on their own. Only a court can actual evict someone. A landlord can post a "Pay or Quit" notice or a "Notice to Vacate" in the case of a tenant who has not paid but refuses to move but they cannot formally evict that tenant without the court intervening.
In a court ordered eviction, it is the landlord that is breaking the lease, not the tenant (although the tenant may have already broken the rules of the lease requiring a landlord to file for eviction). Generally a tenant is not responsible for further rent once the eviction has been formalized.
They would still be responsible for rent owed until the actual eviction, any late fees, court costs, damages to the unit, etc.. The landlord would likely turn around and file against them again, this time to obtain these costs.
If the landlord does not file for an actual eviction, the tenant (your daughter) would remain responsible for the rent. However, a landlord has a legal obligation to attempt to find another tenant to rerent the unit; on other words, they cannot sit back and do nothing and expect the orginal tenant to continue paying for the remainder of the lease. They must make the attempt to rerent.
Again, as a general rule, the courts will give the landlord two to three months to find another tenant. In cases where a former tenant has countersued for what they feel is an excessive amount of owed rent, the landlord must produce evidence to the courts that they have made an honest effort to rerent the unit (as opposed to sitting on their duffs simply waiting out the lease).
Gail
presutin
Moderator
Here is the link to NC landlord/tenant laws if you have questions.
http://www.abanet.org/legalservices/lamp/cle/1105_Rowe_LandlordHandout.pdf
http://www.abanet.org/legalservices/lamp/cle/1105_Rowe_LandlordHandout.pdf
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