Legal Question in Real Estate Law in Indiana

Moving out of state for a new job.

I was laid off in early Dec. 2001. I have a job in another state.

What are my rights to get out of the Lease in Indiana. Being that the situation was beyond my control?


Asked on 1/02/02, 5:57 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Moving out of state for a new job.

It's hard to evaluate your situation without seeing a copy of the lease. I assume your have a lease for a set period of time, expiring in the future. I assume the lease does not have an "escape" clause. Which means you don't have a satisfying legal remedy. Therefore, you need to work cooperatively with the landlord. Speak to the landlord or the landlord's agent, advise them that you must move, tell them why, find out what their policy is, and then confirm that in a letter. The landlord should cooperate with you in finding a sub-tenant. Good luck.

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Answered on 1/02/02, 10:28 pm
Mary Ann Wunder Wunder & Wunder

Re: Moving out of state for a new job.

Breaking a lease for a job out of state is not a legal justification for failing to complete the lease by paying for the term of your lease UNLESS the lease provides for early termination if the tenant moves out of state.

A landlord has an obligation to mitigate his losses (your damages) by seeking to rerent your unit as soon as possible (as opposed to filling units that are vacant due to expiration of leases).

Occasionally leases provide for your right to sublet the apartment with the landlord's approval. Generally, the landlord insists you remain liable in case the new tenant does not work out.

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Answered on 1/02/02, 11:02 pm


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