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Nate
Nate, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10561
Experience:  Over 10 years of landlord tenant legal experience.
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I Signed a one year lease with my apartment complex in August

Resolved Question:

I Signed a one year lease with my apartment complex in August 2013. I have been unable to keep up with the rent since it went up at least signing due to my pay days. I have found an apartment the will work with my pay days. But my least gives me only one potion for moving and that is 60 prior to the lease expiring. What can I do to break this before time and what will the consequences be if I just move.

XXXXX XXXXX
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Nate replied 9 months ago.
My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

You would only be liable for the amount of time the unit remains unrented. The North Carolina courts have made it clear that landlords in North Carolina have a duty to mitigate their damages.

In the case Isbey v. Crews, 284 S.E.2d 534, 537 (N.C. Ct. App. 1981), the court stated:

"With respect to the question of mitigation of damages, the law in North Carolina is that the nonbreaching party to a lease contract has a duty to mitigate his damages upon breach of such contract."

So, you would not be on the hook for the entire rest of the lease. If the landlord does not put forth effort to find a new tenant, then you would not be liable for anything.

Ideally, if you can help located someone to take your place, that would be your best option.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate
Customer: replied 9 months ago.

Ok that's what I thought. Now I have been here 3 years. since I have been in this apartment. there are repairs that they have refused to do. My bedroom window will not stay up by its self and the bathtub facet links and the dish washer will clean the dishes right. Can I use this as a means to break the lease?

Expert:  Nate replied 9 months ago.
No, that won't break the lease because though they are repairs, they don't affect the ability to live in the apartment. The law requires you to give written notice of the repairs and the landlord time to make them. If the landlord does not make them, the law allows you to make the repairs yourself and deduct that from the rent, and certainly that won't help you based on your situation as described.
Customer: replied 9 months ago.


Ok thanks for your help. I will try again to talk to them. If not then I will have to take my chances. All I know is I cant continue to pay this extra 200.00 a month for court costs because of my paydays. We have to have the rent in by the 16th of the month or pay court costs for eviction. My paydays are the 5th and 20th.

Expert:  Nate replied 9 months ago.
Ideally, you find a suitable tenant to move in and then you're not out anything. Try advertising it on Craigslist - that's free and usually gets responses.
Nate, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10561
Experience: Over 10 years of landlord tenant legal experience.
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