Q: Can I be charged rent when I don’t live in the apartment anymore?
I live in ohio and I resigned my lease for 2019/2020. I decided I didn’t want to live there anymore and found someone to take my lease. She can’t move in until August 19. She technically took my resigned lease and the lease I’m currently in ends 7/22/2019. But the office said I am responsible to pay for rent until she picks up the keys. Even then they said they need at lease a week to clean the room but I would still have to pay for that week even though they’re forcing me to leave. I’ve looked at lease lease agreement and it doesn’t say that I would have to pay until the replacement gets the keys. Why do I have to pay when I am not there?
A: Tenant is obligated to pay rent until the end of the lease - unless landlord and tenant agree to an early termination. If tenant does not pay in full what landlord says is owed, then landlord can make an adverse credit report entry, lowering tenant's credit score. Landlord can also withhold the unpaid rent amount from the security deposit.
Bruce Alexander Minnick agrees with this answer
A:
You have a written contract obligating you to lease the apartment through 2020. It sounds as though you have someone who is willing to sublet the apartment from you. However, you are ultimately responsible for the tenant's obligations when you sublet. On the other hand, if the landlord is willing to accept the new tenant as a substitute for your lease, then you should request the Landlord release you from your lease and enter a new lease with the "replacement". Until then you are responsible for all obligations through 2020.
If all falls through and the landlord attempts to hold you responsible for the entire rent through 2020, you should be able to assert that the landlord did not mitigate his damages, as you had a willing replacement.
Bruce Alexander Minnick agrees with this answer
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