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Breaking a lease
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July 14, 2009, in Legal

I signed a one year lease on an apartment but have not moved in yet nor moved anything into the apartment. I have paid the security deposit and rent from 7/15 until the end of the month. Can I get out of the lease and if so can I get any money back?

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Alicia Naiman    July 17, 2009

It depends on what state you are located in, and the reason you are breaking the lease. Health issues, military duty, or apartment damage are some of the reasons invoking less chance of a penalty.

Most states require landlords to "mitigate damages" by making reasonable attempts to re-rent your apartment once you give notice. So, give as much notice as possible and offer to help by looking for a replacement tenant yourself. If the landlord believes they can re-rent your apartment, you might be okay. However, if your landlord has trouble finding a tenant to take over immediately, or if your landlord loses any rent during the remainder of your lease term, you will probably be responsible for paying the difference.

Disclaimer: Please consult an attorney, this is not considered legal advice.

Good Luck!

Alicia Naiman
CA Realtor, CA Appraiser
www.SacramentoRealEstateSearch.com


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