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Moving out of the area

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Moving out of the area

Postby tenantquestion » Tue Oct 29, 2002 5:29 pm

I am moving to Atlanta and have a lease that still has 14 months to go. Is there a law that allow me to break the lease because I am moving for employment reasons?
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Re: Moving out of the area

Postby too trusting » Tue Oct 29, 2002 5:56 pm

If you have one months security then don't pay the last month you're there. If you're leaving the state I don't think it can hurt you elsewhere. Or better yet find someone who'll take the apt and approach the LL with, "I have to leave but I've found someone who'll move in." This is just MHO.
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Re: Moving out of the area

Postby too trusting » Tue Oct 29, 2002 6:13 pm

Its amazing the number of tenants that move out overnight and leave the LL's hanging. From hearing the LL's talk they don't do anything about it, just cut their losses and move on. After all its easier to get a job in NY than find a place to live. There are plenty of people to rent to. If the LL knows someone's moving out of state will they really pursue them? Again this is just MHO don't know the legality of the situation.
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Re: Moving out of the area

Postby consigliere » Wed Oct 30, 2002 9:43 am

me again wrote:
 
not paying the last month sure can hurt. odds are, the ll will file a non-payment proceeding, and get a court date. since you're moving out of the area, it will be very tough for you to get back to go to court. you probably won't show up, the ll will get a default judgement, and you'll have a judgement on your credit report, and it will follow you for 10 years. sound like that could hurt? if not, go for it.
 
 
If the landlord brings a non-payment proceeding after you're no longer in possession, the court would lack jurisdiction. However, you would have to appear and present that defense.
 
Housing court generally grants default judgments for possession only -- not for money -- if the tenant isn't personally served.
 
If you move out of the area, the landlord would have to sue you for the balance of the lease. Depending on the amount, he might be able to go to federal court.
 
Of course, the landlord could still report your non-payment of the rent for the remainder of the lease to credit bureaus. This would remain on your credit report for seven years.
 
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Re: Moving out of the area

Postby NiceTenant » Wed Oct 30, 2002 1:08 pm

Consigliere, how much money is enough to get a case to federal court, and where can I learn about the legal process more thoroughly?
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Re: Moving out of the area

Postby Phil Cohen » Wed Oct 30, 2002 4:25 pm

whoa there. I am not a lawyer, but I do know that people sue people who don't live in their jurisdiction all the time. It is not necessary to do so in federal court. So moving out of state won't solve this person's legal problem.
I do believe expenses related to ending a former lease may be tax deductable. Also reimbursable, if the new employer is paying moving expenses.
Fourteen months is a long, long time to go. Could be quite a big and messy legal dispute. Best thing to do is to find a subleassor or work things out as best as possible with the LL.
Keep in mind that I am a tenant. Not a lawyer!!!!!
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Re: Moving out of the area

Postby Cranky Tenant » Wed Oct 30, 2002 7:42 pm

Originally posted by Phil:
whoa there. I am not a lawyer, but I do know that people sue people who don't live in their jurisdiction all the time. It is not necessary to do so in federal court. So moving out of state won't solve this person's legal problem.
I'm not a lawyer either but I beliee in order to sue someone, you have to serve them in the county where you're sueing. So if the LL wanted to sue in New York, he would have to serve the tenant in New York County.

If the tenant is in Atlanta, the LL would have to serve the tenant there, and sue in Atlanta.
I'm a cranky tenant NOT a cranky lawyer.
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