Should I have to pay rent if I move out of my apartment before my lease is up?

Asked about 5 years ago - Wyomissing, PA

I am having to move out of state and I need to break my lease. However there is nothing in my lease about how to break and the penalty of breaking my lease. I have three months left on my lease do I have to pay those three months? Is it my responsibility to find a new tenant? If new tenants are found should I get my security deposit back( no damage to the property?)

Attorney answers (1)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . You really need to look at the lease more closely. You are probably breaching the lease just by leaving. However, if you find a suitable tenant and they agree to pay the rent for the rest of the lease, the landlord may be obligated to return your security. He really does not have any damages in this case, since you have "mitigated" his damages. However, you must make sure the premises are in tip-top shape when leaving. Take pictures to prove it. Remember to put everything in writing and make sure the new tenants sign a new lease before you leave town. Give the landlord your new address. All this said, you need to really look at the lease terms and provisions and show them to an attorney.

    Hope this helps.

    Hope this helps.

    Mr. Fromm is licensed to practice law in PA. The response herein is not legal advice and does not create an attorney/ client relationship. The response is only in the form of legal education and is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

26,004 answers this week

3,051 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,004 answers this week

3,051 attorneys answering