Legal Question in Real Estate Law in Wisconsin
Breaking a lease
We signed a one year lease and it ends March 31. We just bought a house and notified our land lord 2 months ago that we wanted to move out November 30. What is the worst that could happen if we decided not to pay for the rest of the term? Does this go on our credit report?
2 Answers from Attorneys
Re: Breaking a lease
If your landlord is unsuccessful in re-renting the premises, you will be held responsible for the balance of the lease. If the LL is forced to file suit in court to collect those sums, then that would go on your credit report, but merely breaking the lease, but paying the full amount should not appear on your credit report. In any event, lenders understand that apartment leases fall victim to first time home buyers. One other option is to close on the purchase of the home, but not move in until after the holidays, but that would need the cooperation from the seller.
Re: Breaking a lease
Presuming your lease is valid, you expose yourself
to pay for the rent for the balance of the lease
period, ending March 31. Your landlord has an
obligation to "mitigate" damages, which means he
has to try to rerent the place. If you refuse to
pay, your landlord may seek a judgment against you.
This judgment can be docketed and becomes a lien
against any real estate you may own, including your
new home. If you continue not to pay, your landlord
may foreclose the judgment and have your property sold
to assure he collects.
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