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MDLawyer
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6130
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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I wan to break a renter's lease in North Carolina and can

Customer Question

Hello- I wan to break a renter's lease in North Carolina and can not find a replacement tenant. I only been in the apartment for less than 1 week. I wuld like to break the lease before the new month approaches. My question is: Can I offer to pay the next month rent --prior to breaking the lease as a good-will payment?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 3 months ago.

Hello and thank you for using the Just Answer website. What is the reason you are wanting to break the lease? Do you have a written lease? What is the term of the lease?

Customer: replied 3 months ago.
Hello- I want to break a renter's lease in North Carolina and can not find a replacement tenant. I only been in the apartment for less than 1 week. I would like to break the lease before the new month approaches. My question is: Can I offer to pay the next month rent --prior to breaking the lease --Same Message as Above..
Customer: replied 3 months ago.
The lease is for 1 year. My expenses to conduct local travel is expensive and make the rent a marginal to high risk to manage/afford. I have attempted to find another tenant but am unsuccessful and wil offer to pay in adavnce net month rent without living at the residence/moving out.
Expert:  MDLawyer replied 3 months ago.

Unfortunately, if you have a lease, you are responsible for the remainder of the lease if you break the lease. However, the law requires the landlord to mitigate his or her damages meaning that they must try to find a new tenant and so when they find a new tenant, you are no longer responsible for paying on the lease. Of course, you can always negotiate better terms with your landlord. However, with respect to the law, a contract means that you are responsible for it. So, if you have 11 months left to go, you are responsible for 11 months of the lease but if someone new moves in next month, then you stop being responsible for the lease at that point.

Expert:  MDLawyer replied 3 months ago.

Please let me know if I have answered your question. If I have, please be so kind as to leave a positive rating as that is the only way that we experts receive credit for the time spent assisting you and researching your questions. If, however, you need any clarification on my answers, simply reply back and we can continue our conversation. Thank you in advance!

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