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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26144
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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im buying a home and our lease will have 5 months left in it

Customer Question

im buying a home and our lease will have 5 months left in it after the closing. I gave 60 days notice letting them know when I would be leaving, and I got a letter in the mail from them saying if no one rented it by the time I moved out, I would still be responsible for the rent until it does get rented or until the lease actually ends. They also said the would be taking a 3/4 commission out of my deposit. I've lived in the second floor of this house for 3 1/2 years in CT. Is there any way around still being responsible for the rent once I leave if no one else rents it out?
Submitted: 4 years ago.
Category: Real Estate Law
Expert:  Roger replied 4 years ago.

Unfortunately, what the landlord is telling you with regard to the rent is correct. If you breach your lease by leaving early, you are still obligated to pay the rent for the remaining months on the lease. However, the landlord has a duty to re-rent the space as soon as possible. Usually, people have to pay a month or two - that's usually enough time for the landlord to find a replacement.

 

As for your deposit, it cannot be used for anything except making repairs over and above normal wear and tear. Thus, if the landlord is not taking the money for this purpose, he does not have a right to keep that money.

Customer: replied 4 years ago.
Then is the 3/4 commission a valid fee? Where I live is managed by a property management company for the owner of the home. In the letter they offered to have it takn out of the deposit or I could payit separately..and if I do have to pay the rent til its rerented, what happens if I cant afford to pay it all up front? Is it ok to see if I could do a paymet plan with them til the debt is paid up?
Expert:  Roger replied 4 years ago.

Unless the commission fee is in your lease, I think you have grounds to challenge it.

 

You can pay the rent monthly until the property is re-rented.

Customer: replied 4 years ago.
Could you please clarify? I had meant what if I couldnt afford to pay a full months rent after I move out. Rent is $1265/mo. If I move out end of March and no one rents for month of April, can I pay $200 a month for 6 months til I pay them back? Do people ever do that? Thank you by the way for helping me.
Expert:  Roger replied 4 years ago.
Ok. Sorry for the misunderstanding. If you can't pay the full amount, you should ask the landlord to allow you to make payment arrangements. If you can't work this out with the landlord, it is possible that it can sue for a judgment in the amount you owe. However, if you're willing to pay, the landlord should agree to allow you to pay this out over time.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26144
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 5 other Real Estate Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you for your help. I appreciate it a lot. You de-stressed me :)
Expert:  Roger replied 4 years ago.
Great! Glad to help.

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