<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tmar:
I've been renting a 3-bedroom duplex for the last 5 years in Virginia, renewing Lease each year. I just signed a new Lease in March for another year. Last month, husband moved out (I only held a part-time job). I scrambled to get second job, but I STILL can't earn enough to stay here. Husband's name was not on Lease... only mine. My entire family lives in another state. There is no one here to help. I have to move back home and stay with family until I can get back on my feet. Can I legally break the Lease here? There is no way I can afford to stay. Thanks for any help.<HR></BLOCKQUOTE>
Sorry to hear what you are going through. Unless there are some terms in the lease that provide you an out or the landlord has breached some term in the lease you may well be on the hook.
From the practical side, the landlord is not going to be able to collect from you after you move to a different state. Sure they can sue but a judgment against someone without anything may me worth little more than the paper it is written on. In addition the landlord has the obligation to mitigate their damages -- that means they have to try an re rent the place.
So, it may be worthwhile to just sit down with landlord and tell them all the circumstances, including the fact you must move and you and the landlord work on getting the place re rented asap. In the interim you could agree to pay whatever you could afford. This way the landlord knows they do not have to start law suit and get an apartment back without any notice.
Law on, Kevin
------------------
Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."
