Legal Question in Landlord & Tenant Law in New Hampshire

Breaking a Lease

On September 27th of 2006 I got an apartment and signed a lease until February of 2007, taking over the lease of the past tenant. A week later I realized I would not be able to live there and told my roomate and the leasing office. They said I was stuck paying it until February eventhough I would not be living there. I read somewhere though that if you give 30 days notice you can get out of a lease. She threatened me and said she would take me to court if I didn't pay. I was naive and didn't fight her because she scares me but after seeing that information, I'm wondering if I it is true. Please let me know the rules on a lease.


Asked on 12/18/06, 10:26 am

1 Answer from Attorneys
Roy Weddleton Granite Law

Re: Breaking a Lease

When you sign a lease, you are guaranteed that place at a specified rent for the term of the lease; the landlord is assured of a tenant for that period. If you have to break that lease, you are still technically responsible for payment for the full term of the lease. However, the landlord must mitigate his damages and make a good faith effort to release the property. If he re-leases it a month after you leave, then all you owe is that month. In other words, he does not get to collect twice for the same rental period.

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Answered on 12/18/06, 10:35 am


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