Breaking Lease... after 3 months

[Needing Help]

We know we are going to file later this year, and have decided to relocate to a different state. I told the landlord of my departure (so he could start looking for a tenant), but he is going to hold me responsible until he finds someone.

My question: Obviously, I don't care if he rents it, as I will claim the debt in bankruptcy, however, I am not going to pay this month's rent because I need it for the move. Does this matter? I will be in the home for 20 days this month. Should I pay for the days I am here? (Legally... not ethically)

[AngelinaCat]

I suggest searching the Internet for guidance on landlord/tenant laws in your state. Here in Florida, there is a procedure that must be followed, but I think it varies from state to state. You may possibly be able to stay for the 20 days, though you could be harrassed. You may also be taken to small claims court as well. I hope all goes well. Please keep us posted.

Another question: did you pay first month, last month, and security deposit also? If so you may be able to just tell the landlord that the last month is exactly that--the last month. Sorry I can't help more.

[amd25]

We had to do something very similar and in most states we found out, there is a process and if they know you're leaving anyway, they may not go through the costly process. That was my experience, however, we only needed to stay about 2 weeks after we told our landlord that we were breaking the lease and that we were adding it on to the bk. Good luck. What state are you in?

[CindyLou]

We know we are going to file later this year, and have decided to relocate to a different state. I told the landlord of my departure (so he could start looking for a tenant), but he is going to hold me responsible until he finds someone.

My question: Obviously, I don't care if he rents it, as I will claim the debt in bankruptcy, however, I am not going to pay this month's rent because I need it for the move. Does this matter? I will be in the home for 20 days this month. Should I pay for the days I am here? (Legally... not ethically)

What state are you in? Is your apartment under rent control?

[Needing Help]

I'm in Arizona. It is not an apartment, it's an individual home. The LL is really harrassing me now. Emails daily, updating me that I have a lease, and a legal obligation, etc... I WANT to tell him that I am filing, and to leave me alone... however I am not filing for 6 months, and don't want to put a timestamp on it.

I can simply write this off in Bankruptcy, right?

[keepmine]

The balance on a broken lease is unscured debt and is dischargable in bk.

[CindyLou]