Home Buying in 18042>Question Details

Vito, Home Buyer in 18042

My daughter is buying her first home and has 5 months left on her lease. Does she really have to pay that 5 months rent?

Asked by Vito, 18042 Mon Oct 17, 2011

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Darn right she does. Why wouldn't she?

Scott's correct that if there's something in her lease permitting her to terminate it for the purchase of a property, then, so long as she abides by the terms of the lease, she'd be OK.

But there's no magic wand that taps new home buyers on the shoulder and says: "I relieve you of your obligation to pay your rent as you agreed to."
1 vote Thank Flag Link Mon Oct 17, 2011
Don Tepper, Real Estate Pro in Burke, VA
If it's a standard lease agreement that most landlords use, she will be liable for the unpaid months - if the dwelling remains vacant. Few landlords add escape clauses on their own, or are willing to accept a tenant who requests one.

She can help prevent being liable by trying to find a new tenant on her own before she vacates, that is acceptable to the landlord.

Also, the landlord can not just sit back for 5 months and expect her to pay the rent on a vacant dwelling. By law, he has to make an attempt to re-rent the dwelling for the same cost to others in order to mitigate the damages (loss of income) he has incurred by her early departure. She would be liable for advertising costs and those months it took to find a new tenant.

She will definitely lose her security deposit.
0 votes Thank Flag Link Mon May 28, 2012
Some Rental Communities have a clause in the lease that allows you to break the contract with no penalty, some allows you to break it if your work transfer you to a different city of more than an X amount of miles from the residence. Check with your attorney to review the contract.

0 votes Thank Flag Link Mon Oct 17, 2011
It depends if there is a clause in her lease to allow her out without penalty. If not she should give as much notice as possible, allow the landlord to show the house and hopfully find a new tenant quickly. She may be liable for some cost for breaking the lease. Good luck working things out
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Mon Oct 17, 2011
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