Breaking my Lease?

My landlord is suing me stating that I broke the lease. I gave 3 months notice that iij wouldn't be renewing the lease due to the fact that she wanted to increase rent 150-200 w.hen I was only renting room from her, and she wanted to include fees such as cleaning and household items which I was already contributing to. I decided to leave when she banned me and another tenant from using the A/C. I told her I was moving, and she kept my deposit. She then proceeded to harass me and send letters claiming she would sue me for stealing, cleaning fees, and unpaid rent. I read my lease again, and it isn't stipulated that there are fees for breaking the lease, and there isn't  a clause about breaking the lease or even late fees. Does she have any type of legal claim?

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  • 1 month ago
    Favorite Answer

    It's unclear when you moved.  Was it at the end of the 3 month notice period or sooner?  Did you give at least 30 day notice before moving out?

    Bottom line (know that state laws do vary sometimes):1.  If you were paying her monthly, then you needed to inform her in writing at least 30 days in advance.  A 3 month notice and then moving out 30 days later doesn't cut it. You'd have had to have give another shorter notice.2.  You owe until the end of the notice period regardless of when you moved out.

    3.  Most states do not allow the deposit to be used against unpaid rent.  

    4.  Look up your state laws as they vary, but she was likely legally obligated to give you an itemized list of what she deducted from your deposit within a certain amount of time (15-45 days is typical depending on state.)  If she didn't do that, you can take her to court and likely get your full deposit back.

    5.  Leases don't have to state penalties for leaving the lease early (did you?  It's unclear.)  If there is no fees stated, then it falls to your state laws which typically mean you owe through the end of the lease or until a new tenant is found (which ever is shorter.)  In many states, she would have to actively looking for a new tenant as well as opposed to just doing nothing and making you pay.

  • hello
    Lv 4
    1 month ago

    Read your lease and your state’s Landlord and Tenant Act. 

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  • Anonymous
    1 month ago

    U already contribute so Suing for $200 for household stuff is ridiculous to me also u can’t use the a/c.if the bill is really high it could be an issue but regular use is fine.finish your lease and don’t renew it.i feel like landlords trying to squeeze more money since the pandemic.😂

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    • XXLover1 month agoReport

      Well they can but I think it depends on the usage and how much it cost.ac can be expensive 

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  • 1 month ago

    When the lease does not have a clause outlining breaking your lease, it means there isn't one.  You cannot legally break your lease.  Your excuse would never hold up in court.  The landlord is entitled to all unpaid rent under your lease, late fees, penalties, interest, is also entitled to general cleaning costs, and professional carpet cleaning, court costs too if she has to sue you to get what you owe her and likely attorney's fees too.  You have a right to not renew the lease but you can't unilaterally break your current lease.  You have to follow the rules in the house.  You don't own the house so you do not make the rules.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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    • alex1 month agoReport

      Thank you so much for clearing that up. She did decide to sue me, but for amounts that are triple the amount of what my rent was. She is suing me for 1700.00 I'll just provide whatever paperwork and proof I have when I go to court. Thank you for your help.

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  • 1 month ago

    How long was your lease for?  If it was for example 1 year & you left before, then you broke the lease..  Giving 3 months notice doesn't allow you to leave early.  However, her lease should have had some information regarding terms if you break the lease. If you have unpaid rent she can sue you.  She can't prove theft unless she has a camera showing it.  If cleaning fees were not mentioned in the lease she can't charge them- however, if it stated you are responsible for keeping your room clean & you didn't she can charge you for that one time cleaning she had to do when you left.. (if lease says you are responsible for keeping it clean).  Late fees must be in the lease to collect any. 

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    • J
      Lv 5
      1 month agoReport

      Alex, if u left a month early, u owe that month. If you left no damages, the deposit should cover it. If lease doesn’t say no AC, u may have been justified in leaving if she refused to allow it. She can’t make new rules after u sign a lease.

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  • 1 month ago

    Giving notice that you won't be RENEWING a lease is not BREAKING a lease. If you simply wish to move when your lease is up, then you do that. She does not have the right to keep your deposit unless she can prove that you left the premises uncleaned or damaged.  If you have proof that you did not do that, then YOU have a case against her. If AC is included in the apartment, she cannot ban you from using it unless there's a mechanical issue that needs to be fixed that would endanger you or the premises. You need to take this LL to court to recover your deposit, unless she has cause to hold it--the court will decide if that's true based on your evidence. . 

    • alex1 month agoReport

      I ended up moving put a month early,  it was too hot in the home. I live in Texas so it gets super hot and mold grew in the closet from the lack of a/c. I gave a 3 month notice to make sure she received it because there was a clause about me having to give a 2 month notice before moving out.

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  • 1 month ago

    If you break the lease, you owe rent for the remainder of the lease period.

    The landlord cannot raise the rent during a lease term.

    Assuming you moved out at the end of your lease period having given the required notice, then no further rent would be due. Your deposit would have to be returned as per the law with a breakdown and receipts for any deductions. 

    • alex1 month agoReport

      She required at least a 60 day notice, so I gave a 3 month notice after she gave me an addendum for the lease which added a bunch of fees, and I left a month early.

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  • 1 month ago

    You didn't break the ease, you gave notice you were not renewing.  That is dfifferent.

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    • alex1 month agoReport

      I gave her 3 months notice that I would not be renewing  and I moved out a month early. When I left, I reread my lease to make sure I wouldn't owed and there is nothing that penalizes me or says I have to pl at her if I leave early

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  • Judy
    Lv 7
    1 month ago

    She is WAY out of line.  Unless your lease was not ended by the end of your 3 month notice, sue HER in small claims court for your deposit back

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  • Anonymous
    1 month ago

    No.  Take her to small claims court for your deposit.

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