Graduated early from Ole Miss, planned on being there for another year, apartment complex (Hooper Hill) will not release me from contract, I haven't been able to work for several weeks due to a major stress fracture in my hip and I can't make the rent now
Your recent injury does not change your lease obligation. Your decision to finish school early does not provide a defense to a binding lease agreement. If you force the landlord to sue, you'll pay the landlord's attorney fees, too
If you owe many other debts, you might want to consider bankruptcy. At this stage of your life, having just finished some university schooling, you probably don't have a lot of money or other assets, so a bankruptcy could wipe out this and other debts. Talk with a bankruptcy attorney about the details. And by the way, bankruptcy does not destroy your life, as some might suggest to you.
This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you. You have not provided me with all the facts in a consultation, therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. I am an attorney licensed in Maryland and California.
Let's be practical. You are obligated to pay rent until the end of your lease term. If you provide written notice that you are terminating the lease and vacating the apartment, and state the date you intend to vacate and return the keys to the apartment on that date ( get a written signed receipt from the rental office that you turned in the keys), then you are still liable for the rent to the end of the term; however, the apartment complex has a duty to try and re-rent the apartment (it's an affirmative legal duty to mitigate their damages). Your obligation to continue to pay rent terminates once they re-rent or your original lease term ends. So, you will then receive a demand to pay the balance due and this can affect both your credit and ability to rent another apartment. Perhaps after you move home, you can earn enough money to pay off that debt. Alternatively, you could try to sublet the apartment to someone until the lease term ends, but of course if they fail to pay you, you'll have another problem on your hands and still owe the rent. Ultimately the apartment couple will turn the unpaid rent matter over to a collection agency which will hound you for 6-12 months before sending it to a lawyer to file suit for collection. You can settle the debt or work out payment plans at any time. Perhaps you will have a job by then. It would be better not to sing your credit so early in your life before you even get your first job, but only you know your situation. If you can't pay, you can't pay. Vacate sooner rather than later, turn in the keys, and hope they rent out the apartment.
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