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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I terminated my lease early and moved to another state. Just

Customer Question

I terminated my lease early and moved to another state. Just before Ieft, a suspious lump was found in my breast. My drs advised me to get setup with a surgeon and Oncologist when I reached CA, my new state. The apt. is coming after me for $1,300, which I can pay in12 equal installments of $109 per mon. I am living on $1,400 a Mon.(SS Widow's Pension). My medical bills have reached my max oop, and I simply don't have the $109. Do I have any recourse and do they?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
I am sorry to learn about this situation. Unfortunately, you are responsible for the rent for the remainder of your lease - however, if they were able to re-rent the unit, you are only responsible for rent from the time you leave until the time that they find a new tenant or until the time your lease was up - whichever comes first.
You are also going to be somewhat protected because based on what you have posted you are somewhat "judgment proof" (your assets are primarily exempt from collections - see: http://www.nolo.com/legal-encyclopedia/california-bankruptcy-exemptions-property-assets.html). This means that even if you default and they were to sue you for the full amount (for this little money, I doubt they would do that), they couldn't enforce the debt against you.
If you have a lot of other debts (medical bills, etc.) you may also want to consider bankruptcy filing at some point (wait until your debts have become more finite after your medical condition has stabilized to determine whether or not this is worthwhile). Bankruptcy can be a good way to get a "fresh start" by allowing you to discharge your debts and retain more of your income for food/shelter/clothing and make life somewhat more comfortable. (While it is possible to file bankruptcy without an attorney - see: http://www.us courts.gov/services-forms/bankruptcy/filing-without-attorney, I really don't recommend it, a bankruptcy attorney is really very reasonably priced and it can help you maximize your post-discharge financial position.
Expert:  dianne-cssm replied 1 year ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.com/real-estate-law/95ck0-terminated-lease-early-moved-state-just.html). Thank you, ***** ***** Customer Support Team.

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