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Marc Esq USA
Marc Esq USA, Attorney
Category: Landlord-Tenant
Satisfied Customers: 333
Experience:  Experienced consumer law attorney knows the law and provides customized answers and solutions that you can use.
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Is a tenant responsible for payments if they move out before

Customer Question

Is a tenant responsible for payments if they move out before the lease is over?
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Marc Esq USA replied 9 months ago.
Hello. My name is***** a licensed attorney and I will be happy to answer your question. A tenant is responsible for paying everything due under the term of the lease if the tenant moves out before the lease expires. As usual in the law, however, there are certain things to consider. Let's say you have a 12 month lease for $1,000 per month. If you move out after six months, you could be liable for the next six months of rent. That means the landlord could sue you for $6,000. BUT (with all caps!) if the landlord finds another tenant to replace you, you are only liable to pay for the months between when you left and the new tenant entered. So, continuing with our example above - if you move out after 6 months (6 months too early) but the landlord finds a new tenant two months later, then you would only owe two months rent. If the landlord can't find a new tenant until 7 months later or more, you would owe the full 6 months.Keep in mind that the landlord has a duty to look for a new tenant. So he/she can't sit idly by while the term of the lease expires and then sue for the balance of the rent. A landlord must at least try to minimize the loss by seeking a new tenant.In sum - if you a tenant moves out before the lease is over, the tenant will be responsible to pay up to the entire remainder of the lease, but that amount would be reduced for the months during which a new tenant enters.I hope I have answered your question well enough and helped you to better understand your issues and options. If so, please be sure to rate my answer, since that is the only way I can receive credit. Best of luck to you!
S
Kind regards,
Marc

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