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  1. #1
    Join Date
    May 2013
    Posts
    1

    Default Are You Responsible for Additional Rent After Breaking Your Lease

    My question involves landlord-tenant law in the State of: Ky

    Me and my wife signed a 1 year lease in January of 2012. We were forced to move out in July of 2012 after loosing my job due to an injury.
    My lease stated that I need to give a 7 day notice when I am going to vacate and turn my keys in.
    I contacted my landlord and told him we would be moving out in 5 days and we did.
    I came back on the 5th day to gather my remaining things (I hadn't turned my keys in yet) and he already had cleaning crews in there cleaning and painting the place.
    And his cleaning crew had stolen everything from the apt including my wife's wedding dress.
    Anyway, the lease did not stipulate that if we moved out early we would be responsible for any unused months remaining on the lease.
    Then 2 months ago I get a letter from an attorney requesting $1334 for back rent.
    My lease did not say anything about that, it only stipulated that we waive our right to a 30 day eviction to a 7 day eviction.
    And on top of that is trying to sue for damages, there were no damages to the apt, we cleaned it before we left and it was the same as when we got it.

    I contacted the attorney and asked for a copy of the lease and they explained they do not have it, to contact the landlord.
    I did so just to hear he didn't have it that the attorney did.
    So I'm being sued and no one even has a copy of the lease I'm being sued over, I do not have it anymore, (one of the things that was stolen or pitched by the cleaning crew I suppose) but if my memory serves me right, the lease did not say I would be responsible for unused time left on the lease and I still have heard nothing about what "damages" were encountered.
    I do not have the money for an attorney, what are my options? Thank you.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: I Broke a Lease

    There is some confusion here.

    When you sign a lease you are responsible for the entire portion of the lease. Some leases include a penalty for breaking a lease early (typically two months worth of rent for example). Some leases allow a tenant to sublease; i.e., find a suitable applicant to replace themselves so the landlord does not lose any rent money.

    The landlord does have the requirement to "mitigate" his losses; this means they must make the effort to find another tenant to replace you. Once they do this (or the term of the lease ends) you would no longer owe rent. Until then, you do continue to owe rent on this property. This is what you are being sued for.

    If you wish you can countersue (you have nothing to lose doing this) for the items that were stolen/thrown out if you can provide reasonable estimates for the costs of these things. It is likely that this case is being tried in Small Claims court so you could represent yourself and would not need to hire an attorney.

    Just for future reference...if you find yourself in a similar situation (i.e., having to break a lease).....don't assume you can just do this. TALK to your landlord first. See if you can "buy" you way out of a lease or work to find a suitable replacement tenant to take over your lease.

    Gail

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I Broke a Lease

    Did you report the alleged thefts to the police? To anybody? What did the supervisor of the cleaning crew say about the allegations? What did your landlord say?

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