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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33527
Experience:  30 years of real estate practice experience.
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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? I provided my landlord a 30 day notice that I was moving.I broke the lease in February 2013. I disputed the balance with a credit collection agency because I did not have a detailed bill of the balance of $5475. I received a handwritten letter from the landlord that I was charged rent for the remaining months on the lease. Someone moved into that property 2 weeks after I left. The property is located in TX and now that the judgment is on my credit Iam having a rought time renting anywhere decent.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Loren replied 12 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

You are, indeed, liable for the rent until the end of the lease term (assuming the lease had no provision allowing your early termination or limitation of your liability). However, you are also entitled to a setoff in the amount of the rent collected from the new tenant. So, your liability would have ended two weeks later when the new tenants began paying rent (assuming they were paying at least the same rent per month as you were).

If the landlord obtained a default judgement which exceeded the amount to which they were entitled then you need to file a motion to vacate the default and force the landlord to prove up the amount you actually owe (for the 2 weeks).

Expert:  Loren replied 12 months ago.

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