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We are breaking our lease early and notified our landlord…

Customer Question
We are breaking our...

We are breaking our lease early and notified our landlord (60 day notice)... he gave us a "Early Lease Termination and Surrender of Possession Agreement" to sign... some of the wording doesn't sound right. Are we responsible to waive all our rights and continue to pay for utilities, trash, and yard?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Sorry... NC

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We agreed to pay for yard maintenance, but that cost is included with our rent rate.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

May I find out before connecting how much I will need to pay?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Landlord-Tenant Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

Okay! Will someone be able to help me for NC laws?

Submitted: 5 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
12/21/2017
Lawyer: legalgems, attorney replied 5 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,292
Experience: Just Answer consultant at Self employed
Verified

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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Lawyer: legalgems, attorney replied 5 months ago

Sorry to hear you are having problems with ending the lease; can you tell me if there is a provision in the lease that governs early termination?

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Customer reply replied 5 months ago
Thank you!
Let me double check...
Customer reply replied 5 months ago
Can I forward you a copy of our lease? If that's okay? We want to do the right thing, but I'm also afraid to sign a new agreement and be liable for other charges
Customer reply replied 5 months ago
Is that okay?
Lawyer: legalgems, attorney replied 5 months ago

Actually I am not able to review legal documents;

most leases will state "liquidated damages" and have a buy out amount.

Basically the lease is binding between both parties unless there is a reason to terminate; for a tenant that would include being a victim of specific crimes, entering active military duty, harassment by the landlord, or unfit premises.

If those don't exist the tenant is obligated for the duration of the lease.

However under the NC case, Isbey v. Crews, 284 SE2d 534 a landlord has a duty to mitigate damages; I'll post this then review your last post and continue.

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Lawyer: legalgems, attorney replied 5 months ago

The duty to mitigate means that the landlord must attempt to rerent the unit and if successful must deduct the rent received from the amount the tenant would owe under the lease, but may charge for advertising costs.

If the landlord is unable to rerent, despite "due diligence", the landlord may recover the full amount owing under the lease (breach of contract theory).

If there is a buy out provision (usually to pay $X dollars to terminate the lease early) that would be controlling.

Many times the parties will attempt to negotiate which often includes the payment of a fee, and a release. When signing a release that means usually that neither party may sue for grounds that arose under the lease.

Please let me know if that makes sense.

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Lawyer: legalgems, attorney replied 5 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

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Category: Landlord-Tenant
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