- Free Consultation: (202) 448-5136 Tap Here To Call Us
Old Apartment Lawsuit: Broken Leases
Are you now facing an old apartment lawsuit for a broken lease? Have you moved out of an apartment and still owe rent? There are lots of reasons to move out of an apartment without paying all of the rent that was contractually due: unsafe or unsanitary conditions, call to military service, realizing you’re living in an illegal unit, breaches of landlord-tenant warranties, job loss, or domestic violence can all lead to a broken lease. Did you move out of an apartment several years ago and your former landlord is just now getting around to suing you? You can either settle the debt or discharge the debt in bankruptcy.
The Bankruptcy Discharge
Bankruptcy Code Section 362 (the automatic stay) prevents a landlord from either evicting a tenant or terminating a lease upon the filing of the bankruptcy. But that is for tenants still living the in property.
If you moved out of an apartment or house prior to the end of the lease term (a broken lease), in many cases your former landlord will sue you for the balance of the rent for the lease term. Discharging past-due rent in a Chapter 7 or Chapter 13 bankruptcy will eliminate your responsibility for that debt. Obviously, bankruptcy is a big step, and you should carefully consider the pros and cons with an experienced bankruptcy attorney before you file. In most cases, though, the debt from a broken lease will be treated as an unsecured non-priority claim and will be discharged with your bankruptcy.
Be aware, however, that if you remain in the property beyond the date of the filing of the bankruptcy, you may be responsible for the amount of the rent until you actually vacate the property. Rent that accumulates post-bankruptcy will not be discharged in the bankruptcy, and your landlord will attempt to collect on this rent. Timing of a move to another property therefore becomes an issue for those who are seeking to discharge past rent due.
Settle the Debt
Once you have been sued, you are no longer facing the landlord, but the landlord’s attorneys, who usually specialize in real property management, landlord-tenant, and collections law. If you do not want to file for bankruptcy protection, you should consider hiring an attorney to settle a debt for a broken lease. Bankruptcy attorneys are very good at this.
Defenses and loss mitigation are important if you want to reduce your liability under the lease, which is a legal, contractual agreement that calls for payment of rent in exchange for use of property. Review of lease provisions frequently benefits the tenant during negotiations of repayment for past-due rental obligations.
Landlords cannot simply sit back and wait for the term of your lease to end, then rent the apartment and sue you for the months you didn’t live there. Instead, once your landlord has a broken lease property, he or she must take reasonable steps to re-rent your apartment and reduce your lease balance by the amount received from the new renter. The landlord has a duty to mitigate his or her damages.
Often it is in the best interest not only of the renter but the landlord as well to settle the debt quickly and without resort to litigation. Consult with an attorney to determine whether you have recourse to arguments that may reduce the amount you owe.
Rent an Apartment After Bankruptcy
Most landlords run credit checks, and buildings you attempt to rent from in the future will be able to see your past rental activity, including a broken lease, any time over the last 10 years. Keep in mind that both missed rent and a broken lease, especially in larger buildings and communities, will be reported on your credit report. Evictions and lawsuits add additional negative marks to your credit. If you suspect that your former landlord is attempting to collect from you, run your credit report immediately, and attempt to resolve the situation before you get any damage to your credit. No bankruptcy exists in a vacuum, and many landlords consider the context of a potential renter’s financial history.
In my experience, the people who need to move out of an apartment are doing so because of circumstances beyond their control: job loss, illness, death, divorce, or uninhabitable conditions. Every situation is different. Tell me your story and I’ll tell you if I can help.
They Called. They're Glad They Did.
Brian Lee from Lee Legal was an amazing attorney to work with. He took his time, reviewed my documents and we discussed my situation thoroughly. He explained the process and my options as well as gave his recommendation. Not only did he assist, but he ensured that I knew this...
Brian handled a legal matter for me and he was fantastic. He kept me informed of all updates and resolved all issues that were presented. I highly recommend Brian to all seeking legal advice and services.
I was very nervous and scared about going through this process. But Brian was very knowledgeable and helped me through it. I was notified about any and all updates to my case and he was very responsive when I had questions regarding any concerns I had. Although a bit nerve...
I've had the pleasure of working alongside Brian V. Lee for several years, and I can say without hesitation that he is one of the most knowledgeable bankruptcy attorneys in the DMV area. Brian's command of Chapter 7, 11, and 13 practice is exceptional, and his clients in the DC...
I wanted to share my sincere appreciation for Brian and the support he provided during a very difficult time for my grandmother. We were not wealthy, but Brian treated us with genuine kindness and respect, making sure we felt comfortable throughout the entire process. He took the...
Still several years from Public Service Student Loan Forgiveness and saddled with significant student loan payments in proportion to my income, I came to Lee Legal to explore the bankruptcy path. Through his counsel, Brian took the fear out of the process and helped me to...
Brian provided me with a very detailed analysis about my potential case after our first consultation. He promptly responded to all my complex questions, especially navigating student loans and some tax discussions. He is very professional and experienced at what he does, I would...
I had the opportunity to work with Brian at a time when I was challenged by a professional setback and forced with the challenge of making some very difficult legal decisions. Additionally, I worked with him again as I was dealing with some financial issues pertaining to my...
Brian has the amazing talent of taking complicated legal matters and distilling them down to seamless, frictionless resolutions. He is a phenomenal problem solver and a trusted advisor.
I came to Mr. Lee in a panic when I was experiencing health problems and the walls seemed to be closing in on me. Initially, I interviewed four attorneys seeking assistance with my situation. He was one of the most thorough and thoughtful people I’ve ever met. His kindness and...
Brian is both warm and professional. He helped me navigate a financial issue that I had not been looking forward to working on and he made the entire experience non-stressful, receiving a lot of anxiety I had around the matter. He is straight forward and a fantastic problem...
Brian is an amazing lawyer. He was referred to me by a friend who was also pleased with his work. I found him to be affordable, efficient, understanding, and easy to talk to. He really cares for his clients and is very committed to doing his best. He is very knowledgeable and...
This is your last stop in your searches for an attorney. After numerous research and interview with many lawyers, I decided to hire attorney Brian Lee. He is extremely knowledgeable, personable, attentive and diligent. He went above and beyond to file my ch 7 bankruptcy and get a...
