Legal Question in Landlord & Tenant Law in Nebraska

lease and transfer

My lease started Oct 1, 2006 and ends Sept 30, 2007. I work for--name removed--company in which I am in line for--name removed--transfer which is out of state. I informed the landlord earlier this month when I knew about the possible transfer and then when so far the date has not been set or the transfer approved I called teh landlord to keep them informed. After that phone call I received--name removed--letter 10 days later telling me that have pay for 60 days rent unless another tenant is found. I am sharing the house with another person who will be staying in that house until lease is up. How can I control the 60 days if I am to pay rent and not have the other person move someone else in without my knowledge and me pay the rent for 60 days. They are asking me for--name removed--letter of transfer and--name removed--letter of my intentions. If the transfer does not go through what are my options. I don't want to do that plus it was never mentioned to me after the first phone call. I also want to make sure that I am not paying for any more rent than due and I hate to wait until the transfer goes through to have to pay rent on two properties. I also hate to give 60 days and the transfer is put off for 90 days.


Asked on 5/23/07, 4:13 pm

1 Answer from Attorneys
Duke Drouillard Drouillard Law, LLC

Re: lease and transfer

This isn't really a question, but the essential elements are:

1. You voluntarily signed a lease which doesn't expire until Sept 30, 2007.

2. Your plans to transfer or not transfer are your own personal problem and not the problem of your landlord.

3. You are asking landlord to let you out of the lease. Unless specific provisions were included in the lease for how to break the lease, you are stuck with whatever terms they offer.

4. If you break the lease without their permission, they may recover the full amount of unpaid rent through Sept 30, 2007 and probably attorney fees (if specified in the lease) less any rental income they receive for the property after you leave. They have a duty to mitigate their damages by making a good faith effort to re-lease the premises; but if they are unsuccessful, you pay.

5. Talk to your -name removed- employer and see if they are willing to pay any costs associated with buying your way out of the lease.

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Answered on 5/23/07, 5:51 pm


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