Carmel, IN asked in Contracts and Real Estate Law for Indiana

Q: I signed a new lease in May 2018. I now have a new job out of state. Can I break the lease?

I have a new job out of state with a start date less than 30 days. I have the offer letter, the leasing office didn't want it and said I have to pay 3 months rent. Is this true/legal?

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
Answered
  • Valparaiso, IN
  • Licensed in Indiana

A: Yes, you are obligated to fulfill the terms of your lease. It is a binding contract and you promised to live at the rented premises for the full duration of your lease. You are obligated to pay for all of those months that you agreed to live there for. It does not matter to them that you got a new job and have to move and it does not matter to the law.

What it sounds like to me from the way you describe the situation is that they are offering to release you from the terms of your lease agreement in exchange for three months rent. That is to say that they are offering you the chance to essentially buy out your lease agreement for three months rent.

If you do not choose to accept this buyout and simply move out and stop paying rent, your landlord can come after you for the rent that was owed and any other damages to the property. If you do choose to move out your landlord will be obligated to mitigate his or her damages and rent out the property you are vacating. However, that does not release you from your legal obligations under the contract to pay rent for the months that the property may go unfilled.

You should consult with a local landlord/tenant attorney in your area to go over your lease with you and discuss your options.

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