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Posted by Joe Dumela on March 22, 1997 at 08:02:54:

In Reply to: Moving because of out-of-state job offer posted by Clif Watson on March 21, 1997 at 12:20:12:

: If a job offer that I am working on goes through, and I will be
making more money and bettering my career by moving, can I get out
of my lease? A friend told me this was an almost sure way to get out.
I have six months left on the lease.

Well, some states and some leases may have such a clause, but it's not
automatic. I believe there is a law (Sailors & Soldiers law ??) that
provides for this for active servicement that get transferred, but changing
a job voluntarily is not the same thing. Technically a tenant is liable for
the rent for the term of the entire lease (if the lease states it is
a contract for X months for the aggregate total dollar amount). But in many
areas, the owner's remedy is to sue the departed tenant claiming economic
damages, and he must also prove he (the owner) took active steps to
"mitigate his damages" by trying to re-rent the place. That's a defense a
tenant could raise. Or if you bring to the owner a potential sublettor or
assignee (to take over the unit), then he would more or less waive any
claim to damages. This does vary by state and location.

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Comments:
: : If a job offer that I am working on goes through, and I will be 
: making more money and bettering my career by moving, can I get out 
: of my lease? A friend told me this was an almost sure way to get out. 
: I have six months left on the lease.

: Well, some states and some leases may have such a clause, but it's not
: automatic. I believe there is a law (Sailors & Soldiers law ??) that
: provides for this for active servicement that get transferred, but changing
: a job voluntarily is not the same thing. Technically a tenant is liable for
: the rent for the term of the entire lease (if the lease states it is
: a contract for X months for the aggregate total dollar amount). But in many
: areas, the owner's remedy is to sue the departed tenant claiming economic
: damages, and he must also prove he (the owner) took active steps to
: "mitigate his damages" by trying to re-rent the place. That's a defense a
: tenant could raise. Or if you bring to the owner a potential sublettor or
: assignee (to take over the unit), then he would more or less waive any
: claim to damages. This does vary by state and location.


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