Question:
I Broke the Lease...What to do Next?
2011-12-19 16:54:45 UTC
Hello Friends at Yahoo Answer:
On my first day in North Dakota, I signed a one year lease for 2 bedrooms apt in SW Fargo. I started living there on December 14 around 5:30 PM.
Due to some serious change of circumstances I had to break the lease. (There was no problem in the apartment or living conditions) I was asked to sign an improper notice according to which I have to pay the rent of January and February…but it also says I am still liable for any rent if they are not able to find a new tenant.
Around 3:15 PM on December 17 the keys were returned and I was out of the apartment. I headed to airport, took the first flight to NYC and came home.
I was told by the lady that hopefully they will find someone in January and I won’t have to pay for the February. She also told me that on December 19 she will tell me whether I will be held liable for the electric bill or not?
(I didn’t hear from her today).
It seems my options are pretty narrow here.
I guess I have to pay them for January and possibly February
But the problem is what if they don’t find anyone afterwards (God forbid). In that case should I let a judge decide my fate?
My search on internet to find a tenant landlord attorney in Fargo ND has brought almost nothing and it seems there aren’t many out there.
Can a kind soul give some input/advice or guidance in this matter? And also can any kind soul tell about a good lawyer in Fargo ND who can be of any help in this matter.
I am so worried …Pleas help
Thanks a lot……
Hope to hear from you soon.
Seven answers:
Simpson G.
2011-12-19 17:03:42 UTC
Basically, you and your landlord have two options here.



You can ask her if you can pay a lease break fee and be done with it. This way you pay the fee and you are no longer responsible for anythign to do with the apartment. If it re-rents tomorrow, the landlord keeps the fee. If it re-rents in June, you owe nothing additional.



The second option is that you owe until it re-rents. She has to attempt to find new tenants. The advantage to this is that if she finds new tenants tomorrow, you likely will owe NO rent for January, Feb, or for the rent of your lease (assuming they stay for 12 months).



Utilities become a sticky issue and will come down to case law in your state. In my state, I can charge utilities as long as the person is still legally a tenant, regardless of whether or not they are living there. So, that means that if you gave me notice on Dec 14 (not on a lease), I would charge you for utilities until Jan 31.



http://www.ndcourts.gov/court/lawyers/index/frameset.htm is the Lawyer directory for ND.
real estate guy
2011-12-19 17:10:27 UTC
you are 100% responsible for the rent until the END of the lease if the property is not rerented. However, the landlord also has to make a good faith effort to find someone to lease the property.



To be honest, moving in winter in ND is hard. Good luck.
?
2016-10-02 02:18:45 UTC
properly for starters, The Twins probably shouldnt play the Yankees anymore, possibly then they'd win a playoff pastime. The Twins are an rather able to doing that. 2d, in the event that they had Morneau wholesome, they'd of overwhelmed the Yankees. <- yet anyhow, they're going to probably wreck the checklist next twelve months in the event that they play the Yankees interior the postseason. BQ: Haha possibly BQ: Duensing? possibly Sorry on the subject of the Twins dropping :( became into rooting for them each and each of how
?
2011-12-19 16:59:05 UTC
There's no point in trying to get a judge to "decide your fate" - you signed a legally binding contract known as a lease and you are absolutely on the hook for up to the entire lease duration if they cannot find someone to rent the place. This is very clear cut, I'm afraid.
Rocky
2011-12-19 18:10:09 UTC
check with your states department of Consumer Affairs web site search under landlord tenant law most states if you give a 30 up to 120 for other states notice of intent to vacate they can only charge you till the end of that term (30 to 120days)



So even now if you give a written notice to vacate (and request a pre-move out inspection to get the most or all your deposit back( you should be able to lower what they are trying to make you pay.



most states are 30 days FL has 120 on a years lease if you move out the first 3 months so check with your state laws any Q there are usually contact us e-mails to use
?
2011-12-19 17:35:26 UTC
"But the problem is what if they don’t find anyone afterwards (God forbid). In that case should I let a judge decide my fate?" - no, in that case you keep paying rent. You owe rent until it is re-rented. Period.
?
2011-12-19 16:58:29 UTC
Judge will order you to pay for the entire year. You signed a legal binding contract and there is no OUT

No lawyer can help you


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