In and out of the lease?

[swonderdoc]

I am in North Carolina and am currently renting a home in which the lease ends in August (it is now June). I signed a new one year lease over 60 days early and now have found out that I need to move to another state due to job reasons, which I didn't think would happen. Although I signed the new lease which has not begun yet (even though I'm in the current lease), what are my rights for getting out of it, can I get my deposit back, how many days notice do I have to give, and is the best thing to just ask my landlord to let a new tenant move in? What if the new tenant doesn't move in until the new lease term begins? I would like to move by September if possible.

 

[treese]

Although I signed the new lease which has not begun yet (even though I'm in the current lease), what are my rights for getting out of it,

There is no legal loophole to "get out" of a binding lease due to job relocation/transfer.

can I get my deposit back,

Sure, if you fulfill your renewed lease obligations and leave no damage.

how many days notice do I have to give,

You are legally bound for the renewed lease term.

and is the best thing to just ask my landlord to let a new tenant move in?

You are going to have to have a talk with your LL, ASAP.

Before doing so, understand that the LL can hold you liable for the rent until a replacement tenant is found. The LL can hold you liable for any advertising costs or agent fees, as well as any other costs that the LL may incur due to your breach. The LL can deduct any of these costs from your security deposit, as well as any damage to the property.

Understand that the LL must mitigate his/her damages and attempt to find a replacement tenant.

The LL will have to show the property to potential tenants, so it is in your best interest to work with the LL. The LL has the right to screen out and reject applicants based on his/her rental criteria.

You can try to negotiate a termination agreement or lease buyout. This may cost you $$$ upfront, but it will be a definite amount. Any agreement made should be put in writing.

 

[JETX]

Although I signed the new lease which has not begun yet (even though I'm in the current lease), what are my rights for getting out of it

Unless your lease includes a 'job transfer' clause, you have no 'rights' to get out of it.

can I get my deposit back

Depends entirely on your landlord. He has the right to deduct damages and unpaid rent...

how many days notice do I have to give

About one year... unless you or the landlord find someone to take up your lease obligation.

and is the best thing to just ask my landlord to let a new tenant move in?

I don't know if that is the BEST thing... but it would certainly be a good idea to try to work WITH your landlord.