How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 23342
Experience:  14 years practicing attorney, MBA
19958803
Type Your Business Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Hi I am renting a house after signing a 6 month lease through

Customer Question

Hi

I am renting a house after signing a 6 month lease through a rental agency with an understanding that lease will get extended after 6 months as I have a family of 5 and will take lot to keep changing the homes.
Now the rental agency gave me a notice to vacate the house At end of july which completes 6 months notice. Initially they said tht if I find another house, then they will let me vacate earlier. Now when I want to vacate earlier, hey say I have to pay till 6 months lease is completed even though I don't stay in the house.
They won't let me talk to owner directly so I can love this by myself and they don't respond due to which I am in fix.
Can u pls advise if I have to pay even after I leave the home 20 days prior.
Any advice will e appreciated.
Submitted: 1 year ago.
Category: Business Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
Are you saying that you are under a written lease for 6 months but you want to move out early?
.
And they are saying you have to pay for the entire 6 months?
.
What is your legal question I can help with tonight?
.
.
Thanks
Barrister
Customer: replied 1 year ago.
Yes, I am under a written lease of 6 months. They assured orally the term will increase but instead gave a notice to vacate.
Orally they said if I find a new place, I can leave early. Now I made plans accordingly and want to eave early but their attitude is changed. And tells me owner has not yet responded to the request of leaving house early so u should stay and obliged to pay till the end of lease.
They sent me a letter of 30 day notice on June 5 and I will have to vacate in 30 days which means July 5 or max. July 24 which is the lease end term.
I iam really nervous with their attitude and my plans needs to be changed on the fly with this uncertainity.
My question is , is there a way I can vacate te house earlier serving te period of 30 days and not pay the rent till July 24. This will save me couple of thousand dollars. Please advice.
Expert:  Barrister replied 1 year ago.
My question is , is there a way I can vacate te house earlier serving te period of 30 days and not pay the rent till July 24.
.
From a purely legal perspective, the answer is no, you can't terminate the lease and move out early without being responsible for the rent for the entire lease terms.
.
But realistically, if you were to break the lease and move out early, then the landlord has a duty to mitigate his damages and try to re-rent the property as soon as possible. He can then only hold you liable for his actual lost rent. The law seeks to put the non-breaching party in the same position they would have been in but for the breach.
.
So if you were to move out in the next couple days and leave the place spotless, if the landlord could rent it again before July, then he couldn't hold you liable for July's rent. But if he was unable to rent it before July 24, then he could legally hold you liable for rent until then.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.
The rental agency told me that owner doesn't plan to rent and instead he wants to sell it. I have also asked the agency to inform about my interest in buying it. But they are not responding and just want me to pay the rent till July 24 and leave.
Ok my question is
They have given a written notice which says that from the date of this notice which is June 5 , I can vacate in 30 days which is july 5 or the latest by July 24 .
Does this mean that if i vacate on July 5 , I still need to pay rent till July 24.
I am meeting the obligation of their notice to vacate in within 30 days of written notice. If I don't do that then I have time till July 24.
So what legal stand they have to ask me to pay till July 24 when they serve the notice on June 5.
Expert:  Barrister replied 1 year ago.
Does this mean that if i vacate on July 5 , I still need to pay rent till July 24.
.
I would opine no. If they are giving you notice you can move out on the 5th of July, then I would interpret that to mean that they are letting you out of your lease early and you wouldn't be responsible for rent after that if you move out.
.
I don't see any other reason for them to give you that notice unless they were agreeing to let you out of your lease early.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice
Customer: replied 1 year ago.
Thanks Mr Barrister!
Although the notice says 30 days frm this notice which is dated June 5 , I am assuming it will be July 5.
But today when I told them I am vacating the house on July 5 based on the notice, they were telling me that whether u vacate the house on July 5 or July 1. Your lease expires on latest by July 24. So u need to pay till july 24. Which I completely disagree.
If that is the case they shouldn't have served us the notice, correct?
They were also threatening me that if I fail to give them the money in July 24 they will report to credit bureaus etc etc.

Expert:  Barrister replied 1 year ago.
If that is the case they shouldn't have served us the notice, correct?
.
That is what I would think as well. I don't see any reason for them giving you a 30 day notice otherwise. If you vacate within the 30 day notice period as directed by them, I don't think a judge would agree to allow them to charge you for rent up to the 24th.
.
.
Thanks
Barrister

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA