Legal Question in Real Estate Law in Wisconsin

Breaking a lease

Have accepted a new job in a different state with 6 months remaining on the lease. May not sublet. Is there anything I can do except pay the remaining $10,000?


Asked on 7/24/06, 12:56 pm

2 Answers from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Breaking a lease

Most states require a landlord to mitigate or "lessen" the damages. By this is meant that the landlord would have to try to relet or you may be able to sublet, if a reasonable tenant could be found. This may get complicated and you may want to work through an attorney.

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Answered on 7/24/06, 3:13 pm
JAY Nixon nixon law offices

Breaking a Lease

Everyone who can afford to pay their just bills in full (including bills to your former landlord) should pay them. That being said, however, a debt for a broken lease is normally dischargeable in bankruptcy once you have moved out, provided that there was no intentional damage to the property or fraud. The �middle ground� between these two extremes is to offer a partial payment as an alternative to facing collection on a past due bill. Using a bankruptcy attorney to present such an offer may help to emphasize to the creditor that you are serious about your "other options� to payment in full. A hardnosed landlord might become easier to negotiate with once confronted with the prospect of "discharge in full" rather than payment in full.

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Answered on 7/24/06, 3:13 pm


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