I am an attorney and I would be happy to assist you. Since you already moved out, there would not be an eviction action as long as you gave them the keys back. You should make sure you send them written notice via certified mail, return receipt requested and state when you left and when you gave them the keys (returned possession of the apartment). You should also request that they re-rent the apartment. Essentially, if you broke the lease/contract
, they are entitled to the monies you owe per the contract. However, they also have a duty to mitigate their damages, That means that they need to attempt to re-rent the apartment. If they are able to re-rent the apartment, it will decrease any amount you owe to them. Therefore, if they sue you for the full 60 days in a collections action, you will have evidence (the letter) that you gave them notice and asked them to re-rent the apartment. They will then have to explain to the court why they failed to do that, which may decrease how much you owe in that situation. Regardless, you will owe rent until the apartment is re-rented, along with any other permissible charges, such as a cleaning fee, etc. They may send the debt to a collections agency, in which case if both of your names were on the lease it will be reported to both of your credit agencies. In conclusion, if they are able to re-rent the apartment in the near future, you may not owe as much. if you are still unable to pay the amount owed at that time and the debt is sent to collections or they sue you for the money, then you should both consider filing bankruptcy at that time to discharge the debt.
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