Legal Question in Real Estate Law in New Hampshire

Re: Lease break

A lease is an agreement by you to stay in a property for a specific period of time at a specified rental payment. In return, the landlord is not allowed to terminate your tenancy, nor can he raise the rent during the lease period. In other words, he is entitled to receive full rent for that time period.

However, he is also under a duty to reduce his damages by trying to find another renter to take your place. He cannot collect the full term of the rent from you AND find a new tenant to rent the unit. He can only be paid once.

How is the rental market in your area? You might want to run your own ad to see if you can find someone to take your place. Even if you rent it out for $100 per month less than you are paying, you would then only be responsible for that differnce.

If you do find someone to take over your lease, make sure that they are approved by the landlord. While he can disapprove someone, it must be for a valid reason (bad credit, etc.). If you don't do that, you may lose your deposit.

The only alternative that you have, otherwise, is to just abandon the property and leave the country. The landlord can file a lawsuit against you, obtain a default judgment and try to collect. Of course, if you are in another country, that would be difficult. However, it could affect your credit standing.

Try talking to the landlord to reach a settlement that works for you both, and get it in writing.

Re: Lease break

I have to say that Ken's answer was comprehensive, clear, and right on the point.

The short story is, the terms of the written lease regarding termination apply here, as that is what you agreed to when you moved in.

The landlord has a duty to lessen or mitigate damages by trying to rent out the property if you leave.

If you can't pay, you also can declare bankruptcy, and perhaps discharge the debt, or just leave, and take a chance that they could find you to serve you, or collect if they receive a judgment.

Best of luck, and if you have any other questions please call at 1-877-568-2977 or email me.