Legal Question in Landlord & Tenant Law in North Carolina

Back in July I informed my landlord I would be searching for a house to purchase while in my 3rd of 3 1 year leases' third month. It is now December and we did everything possible to rent the house prior to our moving out in October. It has still not rented. They are now asking for previous rent. Can someone help?


Asked on 12/01/09, 1:06 pm

1 Answer from Attorneys

Jeff Rosner Rosner Law Firm P.A.

Well unfortunately it seems from your facts that you are breaking the lease and your landlord will have a right to go after you for the reaminder of the rent. This depends on the fact situation and on the language in the lease but generally landlords have a right to damages if you breach the lease - it is a breach of contract. They do have a duty to mitigate the damages - meaning trying to find a tenant for the remainder of your lease term but you are indicating that you havbe tried but have been unable to find one. One option is to negotiate and to agree to pay the landlord something in return for terminating the lease and releasing you from further damages. Obviously each situation depends on the facts and you may want to consult an attorney to see if you have any defenses, etc.

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Answered on 12/07/09, 7:04 am


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