Can my landlord hold my lease and force me to pay the life of it?

Question

So I was transferred due to work, in which I was leaving the apartment in which I was living and moved across the country. With this move I said that I would pro-rate my rent and she could keep my security deposit as my lease agreement just asks for 30 days notice. She claims she wants all of the month as I left on the 4th. First makes claims she will file and eviction notice as I said she can't file an eviction notice for someone who has left the property, then she says she will hold onto the property through the life of the lease so I am forced to pay the life of the lease. Can she actually do this?

Also, with her stating this I did look back at the lease and she wrote down the incorrect address on the lease in which we signed and there is nothing in the contract about what happens if you break a lease.

Daniel Y. · Answer

It took some time, but I'm glad it ended well for you.

Michael Plante · Answer

Thank you for the question

I had first posted about getting paid then hit the wrong button on my phone and raced everything so I left it out but here it is

Received the judgment which the tenant didn't immediately pay then four years later they went to get a mortgage.   They were told they had to pay off the judgement

I get paid in full including interest for the four years so I was happy

I've also gone to court against a tenant in New York by getting proof that they were still in the  House by producing electric bills from the power company I was able to prevail there as well

Once again  did get a judgment which I turned over to the sheriffs department they garnisheed the tenents wages and Ingot paid plus interest

In both cases I tried to do it on my own in court long story short judge didn't want to hear the story. I then hired an attorney for less than $500 and prevailed in both cases

Attorney's fees were paid by the tenants in both cases

Had tenants in North Carolina in a single-family house I rented to two college students they did almost $10,000 worth of damage which mommy and daddy paid for.

I went and did the work myself cost me approximately  $ 3000 plus my time (1 weeks work) was very happy with the results.

Daniel Y. · Answer

Follow up question, did you get paid? There is a saying in business throughout any industry, "It is much easier to win a lawsuit than to collect on the winning."

Michael Plante · Answer

Interesting to see the responses from fellow Floridians

Owned a property in St Pete.   Renters mother was the realtor who has sold the duplex.

Tenent moved out  6 months early.   They had done approx 7,300 worth of intentional damage

Afternthey left (until the end of the lease) I kept the place for them choosing not to rerent

Went to court 7 months later and won in full including late fees x 6 plus interest and damages

Brian Pulaski · Answer

What @Roy N. stated was the only renting experience I had. We signed a 1 year lease and ended up wanting to buy a house instead. We were leaving after only 5-6 months. We were obligated to pay the remainder of the lease, however the rental company note did they would attempt to rent the unit, and if they did from that point forward we would not have to pay. We ended up advertising and finding a new tenant for the company and in doing so we didn't have to pay anymore than the time we lived there.

William Przybyla · Answer

Well there are a lot of different things going on as we have been emailing back and forth.

1. I am no longer in the apartment and left it beautiful

2. the lease we signed was actually for the apartment next door, which is under lease by another tenant who lives there currently.

3. I asked what will happen to my security deposit if I pay September in full will I get it back as I stated that she could keep my security deposit for this months rent and pro-rate my September's rent from when I left.

She said that she won't answer what would happen to my security deposit until she has received my rent for all of September, which you can't withhold that information and the lease, which does have a clerical error on what apartment we agreed to.

She is threatening to go to legal proceedings if I don't get her the full months rent.

Roy N. · Answer

Check the tenancy law in the jurisdiction which you just left, they will determine the framework in which the lease exists and will cover the topic of early termination.  If you are correct your lease only requires 30-days notice to break (and not 30-days notice prior to the anniversary date to not renew)  - it is effectively a month-2-month regardless of what is written as the term.

While here, and in many jurisdictions, the tenant is obligated to the lease until the end of term, the landlord is also obligated to make commercial best effort to re-rent the property in a timely manner.  Once the property has ben relet, they cannot also collect rent from the departed tenant.

Can my landlord hold my lease and force me to pay the life of it?

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