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Ellen, Lawyer
Category: Real Estate Law
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Experience:  25 years of experience helping people like you.
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I need to break my lease due to job relocation. Can I legally

Resolved Question:

I need to break my lease due to job relocation. Can I legally still be held responsible for the remainder of the lease rent until expiration of the agreement.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Ellen replied 5 years ago.

In the absence of a provision in your lease to the contrary, you would be subject to damages for the early termination of your lease but not necessarily the full balance of the payments. This is true even though you are being relocated for your job.

Here is why.

A written lease encompasses all terms of the leasehold agreement. Verbal representations are typically not considered.

In North Carolina the landlord has a duty to mitigate his damages resulting from early termination of a lease. This means that the landlord must use reasonable efforts to relet the property. In the event he is not able to relet the property, you will remain liable for the total amount of the lease payments. In the event the landlord is able to mitigate his damages and relet the property, you will be liable only for any shortfall between the new tenants lease and your lease.
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