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Will I sued for breaking a lease??

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    Will I sued for breaking a lease??

    In six days I will be skipping out on my lease and moving to another state for a job. When I moved into this apartment in Jan 2008 I put down first, last & a month of security. This is a large property mgmt company and if I was upfront with them they probably would make me pay a few months liquidated damages. Apts are not renting in this complex. I est about 1/4 - 1/3 of apts are vacant and with many newer buildings going up plus job losses here in CT, it wouldn't be easy to get someone to take this lease.

    Will I likely be sued for the remaining rent thru the end of the year (less one month, last month of rent)?? I am moving to another state and plan on opening a checking account with a credit union (if they don't pull chexsystems another story).

    #2
    Yes, you will likely be sued. Leasing companies (and for that matter. car repo deficiency) are the quickest to sue.

    But, as in any situation, it depends

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      #3
      I am moving to another state in New England. If they do get a judgement will filing then at least block the judgement?

      what should I have done. I was unemployed for 5 months but still managed to pay rent on time. This is the only offer I got out of state

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        #4
        To file BK over just the balance of a lease term is a waste of your BK - however, if you have other debt and your entire situation warrants filing, then consider filing. You did not post enough information for us to post an opinion.

        However, if you just have the lease situation. You can work it out with the management company before it goes to suit. In fact, approach them right away before you are delinquent is best. Then you will not have a judgment on your record.

        The management company is looking for rent payments - look to your lease to see if you can provide any sort of early termination. I would approach it as a negotiation with monthly payments. Of course, you would have to get it in writing from them because you have a written lease. Sometimes they will accept x months to 'buy out' the lease. In the long run, it will cost you a LOT LESS to approach this problem directly with the management company.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

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          #5
          I'd say odds are 100% they will get a judgement on you.

          Best bet is to do as startingover08 says, work something out. Communicate with them. If you are decent, and are good with the leasing folks, explain your situation. See what they can do for you.
          4/27/09- 6 judgements, 2 liens, 3 bank levys later ... 2nd lawyer visit. 5/4/09- Paperwork done. 5/14/09 signed, filed Ch7. 6/23/09 - 341 meeting DONE!
          8/25/09 - Discharged! 8/27/09- Closed!!!

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            #6
            rent on this place is just under $2,000 a month. I have been unemployed for 5 months and took the first offer which is out of state. I am not getting relocation so I have to pay first + security on new place which is nearly $1,600 * 2 .

            Will they be able to find me easily if I am out of state. I will be very careful not to leave any paper trail. I will keep my car registered in CT, not update address with the USPS and put my cash in a local credit union

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              #7
              If I'm reading your post correctly, they could sue you for $22,000 ($2000*11). For that amount of money they can afford to hire a skiptracer to search you out. If you get a job as an employee you'll show up on tax records within a few months. The local CU is obligated by law to get identifying information from you when you open an account. It's nearly impossible to live without some kind of paper trail these days - if you want to rent a place to live, have electricity there, phone service (a pre-paid mobile would get around that), have a job, drive a car...then you have to give your name and information. Once that's out there someone with enough persistence can find you. $22,000 buys a lot of persistence.

              Of course, you would have to get it in writing from them because you have a written lease. Sometimes they will accept x months to 'buy out' the lease. In the long run, it will cost you a LOT LESS to approach this problem directly with the management company.
              That's good advice.

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