Legal Question in Landlord & Tenant Law in Maine
We now have a lease til April 2010. We told our landlord we were looking at buying a place. He told us we had to find someone to rent the apt in order to let us out of the lease. and we would work things out if we bought a place. Now he has told us we need to be out by Jan 1st 2009.2 and a half weeks from now. We have not bought a place. so no where to go. Can he do this?? we have never been late on our rent in 2 and a half years.
1 Answer from Attorneys
If you are still under your lease, he cannot kick you out unless you have breached the lease. Even if he claims you have broken the lease, he still needs to go through the legal process to prove that, and that requires a court order to evict you.
Otherwise, if you do move out (without being evicted) before the end of your lease, then you may be liable for the rent up to the end of the lease term. However, the landlord has an obligation to try to rent the place, and as soon as it is re-rented you are no longer liable for the rent from that point on. So while you are not obligated to find a new tenant, it would be good to avoid paying yourself.