The Common Law

Without a legal excuse for breaking the lease, your landlord can hold you responsible for all the remaining rental payments. However, if you do break the lease and move out, your landlord has a duty to "mitigate damages." This means that your landlord must attempt to find someone else to rent your apartment. Assuming your landlord can find someone, you will still be responsible for any rent owed during the period after you vacated the apartment before the new tenant moved in and for any other reasonable expenses incurred by the landlord while trying to relet the apartment. Try to give the landlord as much notice as possible that you intend to break the lease because that will give her more time to find another tenant and hopefully save you money. You can also try to find a potential tenant yourself, but this person must also be acceptable to your landlord.

You could try to negotiate a deal with your landlord rather than wait for a new tenant to turn up. For example, you could try to offer one or two months' rent and/or your security deposit to be released from your lease. If you reach an agreement, be sure to put it in writing, and have your landlord sign it.

The general information presented in this column is not a substitute for legal advice. For specific advice geared to your specific situation, consult a licensed attorney.

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